Proposed Contract with Atmos Solutions for Contract No. DCAM-25-CS-RFP-0001

MURIEL BOWSER
MAYOR
December 11, 2025
The 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
the Contract No. DCAM-25-CS-RFP-0001 with Atmos Solutions, Inc., in the not-to-exceed
amount of $6,384,179.33 (including an existing letter contract amount of $995,000). The not-to­
exceed amount is an early release of funds for the initial phase of construction at the KC Lewis
Swing Space to support the modernization of Seaton Elementary School.
As part of the initial phase of the project, Atmos Solutions, Inc., will provide design and
preconstruction deliverables, including conceptual plans, cost estimates, scheduling, shop­
drawings, long-lead materials, and condition assessments, while the District and Atmos Solutions,
Inc. finalize the full scope and guaranteed maximum price of the project.
My administration is available to discuss any questions you may have regarding the proposed
contract. 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 Xavier
Beltran, Interim Chief Procurement Officer, DGS, at (202) 340-6358.
I look forward to the Council's favorable consideration of this contract.

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
(Letter Contract)

Proposed Design-Build Agreement for KC Lewis Swing Space to Support Seaton ES Modernization

(A) Contract Number: DCAM-25-CS-RFP-0001

Contractor: Atmos Solutions, Inc.

Proposed Contract Amount (ESA #1): Not-to-Exceed (“NTE”) Amount: $6,384,179.33
(including $995,000 letter contract)

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

Term of Contract: April 25, 2025 (date of execution of the Letter
Contract by the Department) through July 15, 2026
(the “Substantial Completion Date”) with an
Administrative Term of March 15, 2028.

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

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

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

N/A

(C) The date on which the letter contract or emergency contract was executed:

A Letter Contract with the Contractor was executed by the Department of General Services (the
“Department”) on April 25, 2025 (the “Letter Contract”).

(D) The number of times the letter contract or emergency contract has been extended:

The Letter Contract has been extended one time. Modification No. 01 to the Letter Contract,
executed on October 29, 2025, extended the term of the Letter Contract to January 30, 2026.

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

(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:

The total value of the services provided to date is $995,000, which represents the initial not -to-
exceed (“NTE”) amount established by the Letter Contract.

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

If approved, the Contract will authorize the Atmos Solutions, Inc. (the “ Contractor”) to provide
design-build services for KC Lewis Swing Space to Support Seaton Elementary School, located at
300 Bryant Street, NW, Washington, DC 20001 (the “Project”). The Project will be completed in
two phases: (i) the Design and Preconstruction Phase; and (ii) the Construction Phase. The
Project’s substantial completion shall occur on or before July 15, 2026.

The Project includes design and construct a renovation of the existing building to bring it in line
with the District of Columbia Public Schools (“DCSPS”) Education Specifications. The
Department anticipates that the Project shall include, but not be limited to, the following
improvements to the KC Lewis facility: (i) replace the existing production studio with a new all -
electric kitchen and cafeteria and reconnect spaces with the existing small auditorium; (ii) replace
all windows and exterior doors as nee ded; (iii) construct a new playground to the east of the
building where the old playground is located; (iv) replace walkways and sidewalks around the site;
(v) connect the building to the District internet managed by the Office of the Chief Technology
Officer (OCTO) and connect low voltage to each room; (vi) install new CCTV cameras throughout
the building and exterior ; (vii) upgrade or replace marquee signage and replace interior signage ;
(viii) install new standard fencing around the perimeter of the site , including a new gate at the
parking lot; and (ix) full roof replacement and make building solar-ready.

The Department of General Services (the “Department” or “DGS”) seeks Council approval to
execute the proposed Contract. If approved, the Contract will establish an early start agreement
(“ESA”) in the not-to-exceed amount of $6,384,179.33.

As the proposed Contract value is more than $1 million, Council approval is required for this
contract action.

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

On November 25, 2024, the Department issued a Request for Proposals (“RFP”) to engage a highly
qualified design-builder (the “Design- Builder” or “Contractor”) for the modernization of KC
Lewis Swing Space to Support Seaton Elementary School, located at 300 Bryant Street, NW,
Washington, DC 20001 (the “Project”).

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

The RFP was posted on the Department’s OpenGov portal on November 25, 2024, and a pre-
proposal conference and a site walk were held on December 4, 2024. The Proposal Due Date was
initially December 27, 2024, then extended to December 30, 2024, and two (2) addenda were
issued to the RFP.

Addendum No. 1, issued on December 5, 2024:

1. Provided the sign-in sheet and business cards from the pre -proposal conference, and site
visit held on December 4, 2024, at KC Lewis, located at 300 Bryant St NW, Washington, DC 20001.

Addendum No. 2, issued on December 23, 2024:

1. Extended the proposal due date to December 30, 2024.

Proposal Submissions:

On the Proposal due date, December 30, 2024, seven (7) firms (collectively the “Offerors” and
each individually an “Offeror”) submitted proposals:

Technical Evaluation Process:

Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“TEP” or “Panel”).
A kick-off meeting was held with the Panel on January 22, 2025. The kick-off meeting established
a schedule for the evaluation of proposals and discussed in detail the roles and responsibilities of
the Panel. In addition, each Panel member completed the required Disclosure Agreement and
Confidentiality Agreement.

Consensus Meeting:

After the Panel members had completed their individual evaluations of the proposals, the Panel
met on February 18, 2025, to develop a consensus technical score and supporting written narrative
for each Offeror. In developing the consensus score, the Panel discussed the details of each
proposal in light of the evaluation factors and subfactors.

Contracting Officer’s Independent Evaluation:

The Department’s Contracting Officer carefully reviewed each of the proposals and independently
rated each Offeror. He further carefully reviewed the evaluation process followed by the Panel,
their notes and scoresheets, and their final consensus technical evaluation. Considering the
Department’s historical experience with the proposed Offerors and, to the extent necessary,
reviewing the underlying proposals, the Contracting Officer scored the Offerors differently.

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

Certified Business Enterprise Preference Points:

In addition to the price and technical scoring, a certain number of points were available for each
Offeror based on its status as a Certified Business Enterprise (“CBE”) as determined by the
Department of Small and Local Business Development (“DSLBD”). The Contractor was so
certified and received points accordingly.

Determination of a Fair and a Reasonable Price:

When the total points for all three components (technical, price, and CBE preference) were
combined, the Contractor was the highest-ranked Offeror. The Contracting Officer examined the
fee/price proposal submitted by the Contractor and determined that the overall proposed fees/price
submitted by the Contractor is within the IGE and is fair and reasonable and accordingly a mutually
satisfactory Contract was successfully concluded with the Contractor.

Contract Award:

By the award memorandum executed on March 25, 2025, the Department awarded Contract No.
DCAM-25-CS-RFP-0001 to the Contractor, as such award would be most advantageous to the
District.

(H) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

The award of the contract was not protested.

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

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

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

The Contractor is a CBE located in the District of Columbia, eligible for 12 preference points.

Over the past ten years, Atmos Solutions, Inc., has successfully managed numerous DC projects
for the DGS. Its team has extensive experience working on new construction and highly
sustainable, energy efficient, or Net-Zero energy projects similar to KC Lew is Swing Space to
Support Seaton Elementary School. They have completed projects that clearly represent similar
project experience and capabilities.

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

The Contractor is comprised of a talented group of design and construction professionals who
have committed to the site and building facility modernization. Its strategy for success is to
provide an experienced team of design and construction personnel who have proven track records
in accelerated delivery schedules, as well as a proven track record of performing for the District
and DGS. The proposed project team is made up of an exclusive team of professionals who are
familiar with complex site and facility development.

Atmos Solutions, Inc. has successful experience with complex school modernization, renovation,
and new construction projects across Washington, D.C. These projects include:

1. Plummer Elementary School, Washington, DC, $4,500,000.00 project.
2. Thomas Elementary School, Washington, DC, $10,400,000.00 project.
3. MacArthur Blvd High School, Washington, DC, $5,500,000.00 project.
4. Historical Eastern Market, Washington, DC, $2,300,000.00 project.
5. DCHA Unit Renovation, Washington, DC, $8,200,000.00 project.
6. IMF Building Renovation, Washington, DC, $7,700,000.00 project.

The Contractor possesses the financial stability to successfully perform the Project and has
provided a staffing plan for the Project, which has been reviewed and approved by the
Department. The Contractor has been determined responsible in accordance with 27 DCMR §
4706.1.

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

The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSDRE48572102027). Pursuant to D.C. Official Code § 2- 218.46 (d- 1), the Contractor 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.

Contract’s NTE Dollar Value: $6,384,179.33
Subcontracting Requirement %: 35% of subcontracting amount
Self-performing: 20.64% ($1,317,694.14)
Subcontracting Plan Required Dollar Value: $1,773,269.81
Subcontracting Plan Actual Dollar Value: $2,550,274.90

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

The Contractor is required to provide all design, preconstruction, and construction services and
other services necessary to substantially complete the Project no later than July 15, 2026. In
general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor is subject to liquidated damages of

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

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

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

The Letter Contract executed by the Department on April 25, 2025, provided for an initial NTE
amount of $995,000 and represents the total expenditure of funds authorized to date.

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

The Office of the Chief Financial Officer has certified that the proposed Contract’s NTE amount
is consistent with the Department’s budget and that adequate funds are available in the
Department’s budget in accordance with §§ 47-392.01 and 47 -392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.

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

The proposed Contract has been deemed legally sufficient by the Department’s Office of the
General Counsel and the Contractor does not appear to have any currently pending legal claims
against the District.

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

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

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

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

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

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

According to the DSLBD website, the Contractor is a certified Local Business Enterprise,
Disadvantaged Business Enterprise, Small Business Enterprise, Resident Owned Business and
Equity Impact Enterprise. The Contractor’s CBE Number is LSDRE48572102027, with an
expiration date of October 15, 2027.

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

None.

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

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

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

None.

(V) Where the contract, and any amendments or modifications, if executed, will be made
available online:

Contract award information is available on the OpenGov portal. The Contract will be made
available on the OpenGov portal upon approval.

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

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

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

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

Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.

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

Exhibit A

Contracts that Atmos Solutions Currently Holds with District Agencies (not only DGS):

1. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0019
CHEC & Noyes Exterior Doors
Replacement $2,728,216.74
2. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0060
DB Construction of the New
Carver/Langston and Riggs Road/South
Dakota Avenue Triangle Parks
$675,000.00
3. DCAM-22-CS-RFQ-
0016B /TO 19
Cleveland Elementary School
Playground Security Fence & Gate
Replacement
$13,136.23
4. CW108992 /TO3 DHCD 248 - House Renovation $161,565.51
5. DCAM-22-CS-RFQ-
0016B /RFTOP-CS-0007
DB Plummer ES Cafeteria/Kitchen
Reno/Addition $5,112,404.73
6. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0009 DB Emery Elevator $1,225,000.00
7. DCAM-22-CS-RFQ-
0016B /RFTOP-CS-0106 Oxon Run Fitness/Park $1,091,733.75
8. DCAM-24-CS-RFP-
0009
DC Stabilization and Sobering Center
Renovation – Park Road $8,045,114.00
9. DCAM-22-CS-RFQ-
0016 /RFTOP-CS-0074
McKinley Exterior Door Restoration &
Replacement $750,000.00
10. DCAM-24-CS-IFB-
0016 Benning Road Raze and Abatement $5,578,928.32
11. DCAM-24-CS-RFP-
0031 CMAR Rosedale Pool Replacement $5,000,000.00
12. DCAM-22-CS-RFQ-
0016B /RFTOP-CS-0047
Marie Reed ES Soccer Field
Replacement $903,802.93
13. DCAM-24-CS-RFP-
0013 DB Emery HVAC Replacement $10,000,000.00
14. CW108996 DHCD Batch 240 $344,142.88
15. DCAM-22-CS-RFQ-
0016B /RFTOP-CS-0004
DB Services for Barry Farm Recreation
Center HVAC Upgrades $826,654.00
16. DCAM-20-CS-RFQ-
0001T / RFTOP-CS-0200
DB Palisades Recreation Center Dog
Park $735,650.13
17. DCAM-22-CS-RFQ-
0016B /RFTOP-CS-0161 HSEMA Parking Lot $1,000,000.00
18. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0005
DB Key ES, Noyes ES, and Sousa MS
Boilers Replacement $3,410,257.29
19. DCAM-20-CS-RFQ-
0001T / RFTOP-CS-0055 Walter Pierce Upgrades Phase 2 $936,471.97
20. DCAM-20-CS-RFQ-
0002 Eastern Market Upgrades $1,729,191.39

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

21. DCAM-25-CS-RFP-
0001
DB KC Lewis Swing Space to Support
Seaton Elementary School
Modernization
$14,000,000.00
22. CW108992/TO6 DHCD Batch 2502 $50,679.67
23. DCAM-22-CS-RFQ-
0016/RFTOP-CS-0056 DB Pickleball Court Improvements $750,000.00
24. DCAM-22-CS-RFQ-
0016/RFTOP-CS-0074 McKinley Roof Replacement $2,091,762.47
25. CW108992 DHCD Batch 249 $50,240.79
26. DCAM-22-CS-IFB-
0005 New Jersey & O St Park $1,511,117.75
27. DCAM-24-CS-IFB-
0008 Engine House #2 Roof Replacement $437,468.53
28. DCHA 0016-2024 K DCHA Syphax 2nd Round $243,450.00
29. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0010
DB Tubman ES@ Banneker ES &
Thomas ES @ Kenilworth ES Swing
Space
$1,208,888.30

Contracts that Atmos Solutions Currently Holds with District Agencies (not only DGS):

1. DCAM-25-CS-RFP-
0009 Park View Modernization $14,500,000.00
2. DCAM-25-CS-IFB-
0006
FEMS Epoxy Flooring Upgrades for
Engine Houses 1, 11, 16, and 29 $250,000.00
3. DCAM-20-CS-RFQ-
0001 /RFTOP-CS-0215 DB Lamond Playground Improvements $900,000.00

1101 4th Street, SW
Washington, DC 20024
Date of Notice: November 12, 2025 L0015256760Notice Number:
FEIN: **-***1304
Case ID: 18784084
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
ATMOS SOLUTIONS INC
6856 EASTERN AVE NW
WASHINGTON DC 20012-2165
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
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Contract No. DCAM-25-CS-RFP-0001
Design-Build Services for KC Lewis Swing Space to Support Seaton
Elementary School Modernization
Date: November 13, 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 the Design-Build Agreement for Design-Build Services for KC Lewis Swing Space
to Support Seaton Elementary School Modernization (DCAM-25-CS-RFP-0001), with Atmos
Solutions, Inc . (the “Contractor”) in the Not -to-Exceed (“NTE”) amount of $6,384,179.33 is
consistent with the Department’s current budget and that adequate funds are available in the budget
for the expenditure.
Per the Department’s Contracts and Procurement team, the Letter Contract was executed on April 25,
2025, with initial NTE amount of $995,000.00. The proposed Contract in the amount of $5,389,179.33
will increase the NTE amount from $995,000.00 to $6,384,179.33 ($995,000.00 + $5,389,179.33).
The Department of General Services (DGS – Implementing AGY) has $6,384,179.33 in the District of
Columbia Public Schools (DCPS – Owner AGY) cumulative capital budget authority balance.
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.YY1SPC.CENTRALIZED
SWING SPACE 100318 3030300 n/a AM0 GA0 PO724946 $995,000.00 Letter Contract
AM0.YY1SPC.CENTRALIZED
SWING SPACE 100318 3030300 n/a AM0 GA0 RK317767 $5,389,179.33 Proposed Contract
TOTAL $6,384,179.33
for AHB

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

OFFICE OF THE GENERAL
COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Design-Build Agreement for KC Lewis Swing Space to Support Seaton Elementary
School Modernization

Contract Number: DCAM-25-CS-RFP-0001
Contractor: Atmos Solutions, Inc.

DATE: November 18, 2025

This is to certify that this Office has reviewed the above-referenced proposed contract and has
found it to be legally sufficient, subject to submission of: (i) any required materials to Council
for approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.

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

_______________________
Kristen Walp
Senior Assistant General Counsel

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

Contracts & Procurement Division

VIA ELECTRONIC MAIL ONLY

April 17, 2025

Anthony Fernando
President
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, D.C. 20012

Reference: Request for Proposals (“RFP”) No. DCAM-25-CS-RFP-0001 Design-Build Services
for KC Lewis Swing Space to Support Seaton Elementary School Modernization.

Subject: Notice to Proceed and Letter Contract

Dear Mr. Fernando:

We refer to the proposal submitted by Atmos Solutions, Inc. (the “Contractor” or “Design-Builder”) in
response to the above-referen ced RFP. We are pleased to inform you that this work has been awarded to
Atmos Solutions, Inc. and if this Letter Contract (“Letter Contract”) is signe d by the Contractor without
modification of any kind, it will serve as a notice to proceed with the work described below. This Notice to
Proceed is subject to the following terms:

1. Letter Contract. This is a Le tter Contract between the Contract or and the District of Columbia
Government, acting by and through its Department of General Services (“DGS” or the “Department”), and
shall govern our relationship until such time as a final contract is entered into for the work described in the
above-referenced RFP (the “Definitized Contract”); provi ded, however, that to the extent an issue is not
covered in this Letter Contract, th e RFP shall govern. Once the Definitized Contract is executed by an
authorized Contracting Offi cer, this Letter Contract shall automatically terminate and merge into the
Definitized Contract.

2. Scope of Work. The Contractor shall provide Design-Build Services for KC Lewis Swing Space to
Support Seaton Elementary School Modernization project, located at 300 Bryant Street, NW, Washington,
DC 20001 (the “Project”), as described in the Contractor’s Proposal dated December 30, 2024, submitted
in response to the subject RFP. The Schedule of Values attached to this Letter Contract as Exhibit A.

3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
Contractor shall provide, at a minimum, the deliverables outline in Exhibit C in accordance with the

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 |Telephone (202) 727.2800 | Fax (202) 727‐7283

requirements in the RFP, the Schedule of Values attached to this Letter Contract as Exhibit A, and Form of
Contract to the Department’s Program Manager and in the referenced instances to the Contracting Officer.

In the event that the Contractor fail s to timely submit any such deliverab le, the Contractor shall pay to the
Department as a disincentive fee amount of Seven Thousand Five Hundred Do llars ($7,500.00) plus Five
Hundred Dollars ($500.00) per day after receiving written notice from the Contracting Officer of failure to
submit each deliverable. This remedy is cumulative and does not limit any other right or remedy of the
Department under the contract or applicable District law.

4. Not to Exceed Amount. The limit of this authorization is up to $995,000.00 (“Not to Exceed”
amount or “NTE”) including $729,975.00 for the Design Fee, $100,000.00 for the Design-build fee,
$20,025.00 for General Conditions, and $145,000.00 for a portion of the Allowances as further described in
the Schedule of the Values Exhibit A. In no event shall the Contractor be entitled to receive more than the
NTE amount under this Letter Contract unless authorized in advance and in wr iting by a duly authorized
Contracting Officer. This NTE amount includes all costs incurred by the Contractor in connection with the
work authorized hereby.

5. Construction Phase Compensati on. The Contractor understands an d agrees that the Department
makes no representation or warranty th at the Contractor shall be entitled to serve as the builder for the
Project. If, however, the Department and the Contractor agree upon a Guaranteed Maximum Price (“GMP”)
and schedule for the Project, the Contractor ag rees that it shall be paid a Design Fee of $799,655.00, a
Design-Build Fee of $446,325.00 and a Lump Sum General Conditions Cost of $357,600.00, to includ the
amount in Section 4 above based on the schedule and budget set fo rth in the RFP. The Contractor further
agrees to enter into a design-build agreement that is substantially similar to the Agreement for Design-Build
Services issued with the RFP, subject only to such ad justments as were requested by the Contractor in its
bid and which are agreed to by the Department.

6. Insurance. At all times while working under this Letter Contract, the Cont ractor shall maintain
insurance as described in the RFP. All such policies shall be endorsed to add the District of Columbia,
including, but not limited to, its Department of General Services, and the respective agents, employees, and
offices of each as additional insureds. Exhibit I.

7. Duration. Once signed by the Contractor, the Letter Contract will become effective on the date the
Letter Contract is executed by the Department. This Letter Contract will terminate on the earlier to occur of
the following: (i) the date the Definitized Contract becomes effective; or (ii) October 31, 2025. DGS
reserves the right to terminate this Letter Contract, in whole or specified part, for convenience in the manner
described in Article 5 and Article 6 of the District of Columbia Department of General Services Standard
Contract Provisions General Provi sions for Construction Contracts Exhibit B1 and Standard Contract
Provisions for Architectural and Engineering Services Contract Exhibit B2.

8. Billing. All invoices shall be su bmitted directly to the Department at the address specified in the
RFP. Purchase Order numbers should be included in all future invoices and accounting records. Properly
prepared invoices with the necessary backup shall be pa id within thirty (30) days of receipt. Invoices not
paid by that date shall bear interest in accordance with the Quick Payment Act.

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 |Telephone (202) 727.2800 | Fax (202) 727‐7283

9. Key Personnel. To carry out its duties, the De sign-Builder shall provide at least the key personnel
identified in Exhibit G (“Key Personnel”), who shall carr y out the functions identified in Exhibit G .
Among other things, the Key Personnel shall include:
A - Key Personnel of the Design-Builder:
The following individuals shall be considered key personnel (“Key Personnel”) of Design Builder:

(i) Project Manager;
(ii) Superintendent; and
(iii) Project Executive.

B - Key Personnel of the Architect/Engineer
The following individuals shall be considered the Key Personnel of the Architect:

i. Project Manager;
ii. Project Architect;
iii. Principal in Charge;

It is contemplated that these Key Personnel will work from the design stage, purchasing and throughout the
bulk of the fieldwork. The Design-Bu ilder’s obligation to provide ade quate staffing is not limited to
providing the Key Personne l but is determined by the needs of the Project. If any of the Key Personnel
becomes unavailable to perform services in connection with the Letter Contract due to death, disability, or
separation from the employm ent of the Design-Builder or any affi liate of the Design-Builder, then the
Design-Builder shall promptly notif y the Department’s Contracting Officer and propose a replacement
acceptable to the Department. The Department shall be entitled to complete information before approving
such replacement. 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.

If the Design-Builder replaces one of the key personnel listed in Exhibit G as being subject to a replacement
fee, without the prior written consent of the Department, then the Design-Builder shall pay the Department
$25,000 for each replacement as a replace ment 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.

10. 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) re quests for information; (ii) submittals; (iii)
meeting minutes; (iv) invoices/applications for payment (full package including all forms required by DGS);
(v) certified payrolls (in addition to upload via LCP Tracker); (vi) dr awings and specifications; (vii) GMP
and any Submissions that require approval by the Council of the District of Columbia; (viii) punchlist; and
(ix) other project documents as may be designated by the Department.

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 |Telephone (202) 727.2800 | Fax (202) 727‐7283

Electronic storage and transmission of information via ProjectTeam syst em shall be compliant with the
provisions of the DGS document security.

11. Invoice Submittal. The Contract or shall create and submit payment requests in an electronic format
through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper invoices on
a monthly basis. To constitute a proper invoice, the C ontractor shall enter all required information into the
Portal after selecting the appli cable purchase order number whic h is listed on the Contractor’s
profile. Properly prepared invoices with the necessary backup shall be pa id within thirty (30) days of
receipt. Invoices not paid by that date shall bear interest in accordance with the Quick Payment Act. For
assistance with the registration process call (202) 741-5200 or visit http://vendorportal.dc.gov to submit an
inquiry.

12. Purchase Order Number. This Letter Contract w ill become effective on the date the Letter Contract
is executed by the Department. The Department’s Contracting & Procurement Division will issue a purchase
order number and will be sent in a separate cover. That number should be included in all future invoices and
accounting records. In the event that you do not obtain a purchase order number please contact Kelli Howard
via rene.anyie@dc.gov directly to obtain this number.

13. Ownership and Use of Documents. All documents and work products prepared by the Contractor
shall become the property of the Department upon the payment of invoices submitted under the Letter
Contract.

14. Trade Work/Site Control. Unle ss otherwise directed by the Depart ment, the Contractor shall not
perform any trade work or take control of the site. Any authorization to proceed with trade work will include
appropriate provisions relating to compliance documents (first source employment agreement, Department
of Small and Local Business Deve lopment (DSLBD)), bonds, insurance, and safety procedures. At a
minimum, however, the Department’s Standard Contract Provisions for Construction shall apply. In
addition to the requirements set forth in any such subs equent authorization, prior to executing this Letter
Contract, the Contractor shall provi de the Department’s Contracting Of ficer with certificates evidencing
insurance, a payment and performance bond having a pena l value equal to the th en value of the Letter
Contract and the Contractor’s agre ement of indemnity. In the event the Contractor fails to provide the
Department with such certificates of insurance, the agreement for indemnity or bond, the Department may
withhold any subsequent payment until such documents are provided.

15. Entire Agreement; Modification. Th is Letter Contract, along with the Standard Contract Provisions,
(Exhibit B1) Construction Services and (Exhibit B2) Architectural & Engineering Services, supersede all
contemporaneous or prior negotiations, representations, course of dealing, or agreements, either written or
oral. No modifications to this Letter Contract shall be effective against the Department and unless made in
writing signed by the Department. Notwithstanding the prov isions of this Section 15, nothing herein shall
limit the Department’s ability to unilaterally modify this Letter Contract.

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 |Telephone (202) 727.2800 | Fax (202) 727‐7283

16. Davis Bacon Act Wage Determination and 29 CFR 5.5 Davis Bacon Provision. The Contractor agrees
that the work performed under this Letter Contract shall be subject to the Davis Bacon Wage Determination
Act (40 U.S.C. §§ 3142-3148) Exhibit D and Title 29 Code of Federal Regulations (“CFR”) part 5.5
Exhibit E in effect at the time of Letter Contract execution by the Department.

17. Living Wage Act. The Contractor agrees that the work performed under this Letter Contract shall be
subject to the Living Wage Act in effect at the time of Letter Contract execu tion by the Department. As
such, the Contractor and its subcontractors shall comply with the wage reporting requirements imposed by
the act as set forth in Exhibit H.

18. Performance And Payment Bonds. The Contractor agrees to post a payment and performance
bond having a penal value equal to the Agreement am ount at the time the Agreement is executed. The
Design-Builder will be required to post an updated payment and performance bonds to reflect the
GMP Amendment amount (Exhibit F).

19. Campaign Finance Reform Act. Prior to the ex ecution of this Contract, the Design-Builder shall
complete and submit to the Department a complete d Campaign Finance Reform Act Self-Certification
Form, Exhibit J, pursuant to D.C. Official Code § 1-1161.01.

20. Equal Employment Opportunity and Hiring of District Resi dents. The Contractor shall comply with
applicable laws, regulations, and special requirements of the Cont ract Documents regarding equal
employment opportunity and affirmative action program s. In accordance with the District of Columbia
Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985. Exhibit K.

21. Nonprofit Fair Compensation Act of 2020, D.C. Code § 2-222.01 et seq.
21.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred in
the provision of goods or performance of services under this contract pursuant to the nonprofit organization's
unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a nonprofit organization does not have an
unexpired NICRA, the nonprofit organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same perc entage indirect cost rate as th e nonprofit organization negotiated with
any District agency within the past 2 years; howev er, a nonprofit organization may request to renegotiate
indirect cost rates in accordance with Section 21.2; 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 statemen ts from the immediately
preceding fiscal year, pursuant to the OMB Uniform Gu idance, and certified in writing by the certified
public accountant.
21.2 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.
3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 |Telephone (202) 727.2800 | Fax (202) 727‐7283
21.3 The Contractor shall pay its subcontractors, which are nonprofit orga nizations, the same indirect cost
rates as the nonprofit organization subcontractors would have received as a prime contractor.
ISSUED BY: ACCEPTED BY:
The Department of General Services
By:
Name:
Title :
Date:
Brian Butler
Chief Operating Officer
4/17/2025
By:
Name: Peter Henry Lyonga
Title: Contracting Officer
Date: 4/25/2025
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
Contracts & Procurement
SENT VIA ELECTRONIC EMAIL ONLY
October 27, 2025
Anthony Fernando
President
Atmos Solutions, Inc.
6856 Eastern Avenue, NW, Suite 205
Washington, DC 20012
Reference: Request for Proposals (“RFP”) DCAM-25-CS-RFP-0001
Design-Build Services for KC Lewis Swing Space to Support Seaton ES
Modernization
Dear Mr. Fernando:
We refer to the signed Letter Contract & Notice to Proceed dated April 25, 2025 (the “Letter Contract”)
between the District of Columbia Government, acting by and through its Department of General Services
(the “Department” or “DGS”) and Atmos Solutions, Inc. (the “Contractor” or “Design-Builder”) in response
to the above -referenced RFP. Assuming this Letter Contract Modification is countersigned without
modification of any kind, it will serve as Modification No.1 (“Modification”) to the Letter Contract. The
terms of this Modification are as follows:
1. Duration. The duration of the Letter Contract is hereby extended to January 30 , 202 6. The
extension is due to the additional time required to submit an Early Start Agreement for Council
approval.
2. Complete Settlement . 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, addi tional 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, a s a consequence or result of, relating to or in any manner
connected with this Modification, the above-referenced project, and the Contract Work.
3. Prior Agreement. Except as expressly modified hereby, all of the terms and conditions of the Letter
Contract remain unchanged and in full force and effect.
ISSUED BY: ACCEPTED BY:
The Department of General Services Atmos Solutions, Inc.
By: By:
Name: Peter Henry Lyonga Name:
Title: Contracting Officer Title:
Date: Date:
Brian Butler
Chief Operating Officer
10/29/25
10/29/2025

DESIGN-BUILD AGREEMENT
FOR
KC LEWIS SWING SPACE TO SUPPORT SEATON ELEMENTARY SCHOOL
MODERNIZATION
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
AND
ATMOS SOLUTIONS, INC.
CONTRACT NUMBER: DCAM-25-CS-RFP-0001

PROJECT INFORMATION

A. PROJECT SUMMARY

1. Project Name:
Design-Build Services for KC Lewis
Swing Space to Support Seaton Elementary
School Modernization
2. Project Address: 300 Bryant Street NW, Washington, DC
20001
3. Agreement Type: Design-Build with Guaranteed Maximum
Price
4. Client Agency: District of Columbia Public Schools
(“DCPS” or “Client Agency”)
5. Design-Builder: Atmos Solutions, Inc.
6. Agreement Amounts:
i. Initial NTE (Exhibit X): $6,384,179.33 (includes $995,000.00
Letter Contract amount)
ii. Project Budget:
(Modernization & Internal Swing combined) $14,000,000.00
7. Design-Builder Compensation:
i. Design Fee (including Construction
Administration): $799,665.00
ii. Design-Build Fee: $446,325.00
a. Base Design-Build Fee:
(60% of Design-Build Fee) $267,795.00
b. At-Risk Design-Build Fee:
(40% of Design-Build Fee) $178,530.00
iii. Lump Sum General Conditions Cost: $357,600.00
iv. Allowances: Permit Allowance, $150,000.00 and Owner
Directed Allowance $250,000.00
v. Preconstruction Fee (15% of the
Base Design-Build Fee)
$40,169.25 (included in the Base Design-
Build Fee)
vi. Contingency: $208,599.49
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: November 14, 2025
11. Substantial Completion Dates:

July 15, 2026

12.
Final Completion Dates:

January 15, 2027

13. Administrative Term Expiration Date: March 15, 2028
14. Letter Contract (if applicable):
a. i
i
i Period of Performance:
From April 25, 2025, (date of execution of
Letter Contract), through Administrative
Term Date of March 15, 2028 , with a
Substantial Completion Date of July 15 ,
2026, and Final Completion Date of January
15, 2027.
b. 2 NTE Amount: $995,000.00
15. GMP Basis Project Documents: Design Development Documents
16. Key Personnel Replacement: $25,000.00 per replacement

DESIGN-BUILD AGREEMENT
KC LEWIS SWING SPACE TO SUPPORT SEATON ELEMENTARY
SCHOOL MODERNIZATION
DCAM-25-CS-RFP-0001
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 ATMOS
SOLUTIONS, INC. a company duly organized under the laws of the District of Columbia,
and with a place of business at 6856 Eastern Avenue, NW, Suite 205, Washington, DC 20012
(the “Design-Builder” or “Contractor” and collectively with the Department, the “Parties”).
RECITALS
WHEREAS, the Department issued a Request for Proposals dated November 25, 2024
(the “RFP”) to engage a design -builder to prepare a design for and to construct and complete
the work at KC Lewis Swing Space to Support Seaton Elementary School Modernization “KC
Lewis SS”, located at 300 Bryant Street, NW, Washington, DC 20001 (the “Project”); and
WHEREAS, the Department intends to implement the Project through a design -build
approach. The scope of work for the Project will be divided into two phases: (i) the design and
preconstruction phase; and (ii) the construction phase; and
WHEREAS, the Department requires that the Project be completed no later than
July 15, 2026 (the “Substantial Completion Dates”); and
WHEREAS, the Design -Builder submitted a proposal entitled “Proposal for Design-
Build Services for KC Lewis Swing Space to Support Seaton Elementary School
Modernization “KC Lewis SS” – DCAM-25-CS-RFP-0001,” dated December 30, 2024, to
provide design-build services for the Project; and
WHEREAS, the Department retained the Design -Builder to provide design -build
services for the Project , which is to include design, preconstruction , and construction ,
administration services for KC Lewis SS; and
WHEREAS, the Design -Builder will provide the architectural, engineering,
construction, and related services necessary to complete the Project, subject to the terms and
conditions set forth in this Agreement; and
WHEREAS, the Department has retained the services of a program manager (the
“Program Manager”) to advise it concerning the Project; and
WHEREAS, the Department has established a budget and the Design -Builder will
conduct its work in accordance with an underlying budget for the Project, which includes but
is not limited to all design fees, hard and soft construction costs, fees, general conditions of the
Design-Builder, and allowances, 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
April 25, 2025 (the “Letter Contract”) pursuant to which the Design-Builder was authorized to
proceed with certain design, preconstruction, abatement, and demolition services in furtherance
of the Project.
NOW, THEREFORE, the Department and Design -Builder, for the consideration set
forth herein, mutually agree as follows.

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 (“NTP”) 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 (i) extend the
Substantial Completion Date , (ii)extend the Final Completion Date , or (iii) 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.
The 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 mean the lump sum amount the Design-Builder is entitled
to recover for general conditions and is further described in Section 0 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.
Section 1.8. Design and Preconstruction Phase Services.
The services to be provided under Article 3 constitute the design & preconstruction phase
services to be performed by the Design-Builder.
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 punchlist 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 receive 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 punchlist 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”) is agreed upon by the Department and the
Design-Builder. Such schedule shall include a baseline schedule as updated periodically by
the Design-Builder, approved by the Department. The Project Schedule shall not be changed
except by a Contract Modification, Change Order , or Change Directive issued by the
Department’s 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 entity that controls, is control led
by, or is under common control with any entity that is part of the Design -Builder. Self -
Performed Work is distinguished from trade work performed by subcontractors unaffiliated
with the Design-Builder or the entities of which the Design-Builder is comprised.
Section 1.18. Services.
The services to be provided pursuant to the Agreement which shall include the Design &
Preconstruction Phase Services and the Construction Phase Services necessary to deliver the
Project.
Section 1.19. Specifications.
The Specifications are that portion of the Contract Project documents consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship for
the Work, and performance of related services.
Section 1.20. Standard Contract Provisions.
The District of Columbia Department of General Services Standard Contract Provisions,
General Provisions (Construction Contract s and Architectural/Engineering Services
Contracts), as amended, is attached hereto as Exhibit J1 & Exhibit J2 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 t o 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
preconstruction, construction and installation work have been completed with only minor
punchlist items remaining to be completed; (2) the Project has obtained a Department of
Buildings (“DOB”) Certificate of Occupancy, and the final DOB Certification of Occupancy
shall be received within thirty (30) days of Substantial Completion; (3) all other required
permits or approvals must have been obtained ; (4) all Operation and Maintenance Manuals
have been finalized, submitted, and approved and must be submitted to the Department six
months prior to Substantial Completion; (5) required trainings per Turnover Manual have been
scheduled within thirty (30) days of the Subst antial Completion Date and the Design-Builder
shall provide final videotaped recordings within thirty (30) days of the Substantial Completion
Date; (6) Draft Warranties have been submitted and approved; (7) the Project has obtained DC
Department of Health approval of the kitchen and health suite; ( 8) the Project site has been
deep cleaned and cleared of any debris; (9) the Project is ready for the Department and Client
Agency to use it for its intended purpose; ( 10) all equipment, supplies, materials and it ems 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 ; (11)
the certificate of compliance with regulatory standards for all existing public synthetic
playgrounds, as required by D.C. Code § 10 -171.03 is submitted to the Department; and (12)
commissioning is complete, and a final punchlist is documented with completion dates
established. “Minor punchlist items” are defined for this purpose as items that, in the aggregate,
can be completed within sixty (60) days without interfering with the Department or Client
Agency’s normal use of the Project.
Section 1.23. Substantial Completion Date.
The date established herein by which the Design-Builder shall achieve Substantial Completion.
The Substantial Completion Date may be modified only by Change Order , Contract
Modification, or Change Directive in accordance with the Agreement.
Section 1.24. Work.
The term “Work” refers to any and all work done in the performance of the services necessary,
at any and all phases of the Agreement, to Fully Complete the Project.

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 April 25, 2025. 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 be incorporated into 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 Contr act, 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 Contract by the Department, unless the Department executes a Letter Contract, in which
case the period shall commence from the execution of the Letter Contract, 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 (Architect ural & 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 District or Federal laws, codes and
regulations. The Design -Builder and any Subcontractors who utilize, access, or store
personally identifiable information as part of the performance of this Agreement are required
to safeguard this information and immediately notify the Department of any breach or
suspected breach in the security of such information. The Design -Builder and all
Subcontractors shall allow the Department to both participate in the investigation of incidents
and exercise control over decisions regarding external reporting . The Design -Builder,
Subcontractors, and their respective employees working on this Project may be required to sign
a confidentiality statement.
Section 2.5. Project Description.
The Department anticipates awarding a design-build contract (the “Agreement”, “Contract” or
“Design-Build Agreement”) to the Offeror whose Proposal is most advantageous to the District
pursuant to the evaluation and award criteria in Part 3 of this RFP. The Project includes full
design and construction services for KC Lewis.
The Design-Builder shall design and construct a renovation of the existing building to District
of Columbia Public Schools Educational Specifications (“Ed Specs(s)” or “Educational
Specifications”) to bring it in line with the District of Columbia Public S chools (“DCPS”) Ed
Specs as set forth in Exhibit A2 (collectively, the “Project”). KC Lewis was originally
constructed as Washington Metropolitan High School in 1962. The building was recently
leased by Howard University, who made improvements to the building including, but not
limited to (i) a new product ion studio that replaced the kitchen/cafeteria, (ii) new sprinkler
system, (iii) new windows on the north elevation and (iv) a new elevator. The building also
received some minor upgrades to the boilers and exterior doors, as well as a non -DCPS
standard security system. Exhibit B1 and Exhibit B2 provide further information on the
existing building condition.
The Department anticipates that the Project shall include, but not be limited to, the following
improvements to the KC Lewis facility:
(i) Replace the existing production studio with new all -electric kitchen and cafeteria and re -
connect spaces with the existing small auditorium to create a new multipurpose space that shall
be used as an auditorium, cafeteria and gymnasium. The Project may include upgrades to the
building electrical system and/or switchgear to accommodate an all-electric kitchen;
(ii) Replace all windows that were not replaced by Howard University;
(iii) Construct new playground to the east of building where old playground is located. Design-
Builder shall participate in up to four (4) community meetings led by the Department of Parks
& Recreation (“DPR”);
(iv) Replace exterior doors as needed;
(v) Replace walkways and sidewalks around site;
(vi) Connect building to District internet managed by the Office of the Chief Technology
Officer (“OCTO”) and connect low voltage to each room;
(vii) Connect building to DCPS access control for all perimeter doors and explore if existing
interior classroom access control can be reused. Install new CCTV cameras throughout
building and exterior;
(viii) Upgrade or replace marquee signage, and replace interior signage;
(ix) Install new standard fencing around perimeter of site, including new gate at parking lot;
(x) Convert restrooms to elementary school standards;
(xi) Install new millwork in classrooms as directed by Department;
(xii) Install new drinking fountains;
(xiii) Conduct full roof replacement and make building solar-ready per Section 1.1.1.3; and
(xiv) Purchase selected furniture as directed by Department. The Design -Builder shall not be
responsible for a new furniture plan.
The Design-Builder shall reference Exhibit A2 for all new or converted spaces, and for any
technology changes to KC Lewis. The District anticipates that a small number of existing
classrooms will need to have their dimensions and amenities changed, but the majority of
rooms, aside from technology changes, will have minimal modifications.
The Ed Spec summary sheet and the Ed Specs front-end narratives are included in Exhibit A2.
As part of the design process, the Design-Builder will work closely with the school leadership,
various DCPS central office departments, the Project’s school community, DGS, and the wider
community to better understand the community’s vision and the unique Project’s school
culture.
The building is presently occupied by Howard University, and the Design -Builder shall
anticipate receiving control of the building to perform construction no earlier than December
1, 2025, but no later than January 1, 2026.
A secure, web-based, electronic project management (“ePM”) system, ProjectTeam, shall be
utilized by the Design -Builder to accommodate the information needs of all Project
participants. The ePM system will be implemented at the beginning of the design sta ge and
maintained continuously through completion of Project closeout. All DGS and the Design -
Builder’s team communications must be captured and recorded in the ePM system. User
licenses and training will be provided for all members of the Design -Builder’s team who will
require access to the ePM system. The members of the Design-Build team shall be required to
be trained on ProjectTeam, and shall be responsible for viewing training at
www.projectteam.com/dgs.
2.5.1 Project Sustainability Requirements
The Project is required to meet all local and national codes including but not limited to DC
Energy Conservation, DC Green Construction Code, the Green Building Act, etc. The project
will also be required to meet the recent amendment to the Green Building Act, the Greener
Government Building Amendment of 2022 , which went into effect on March 10, 2023. In
addition to the required codes, the project is required to meet the following:
2.5.1.1 LEED Requirements: The Project shall be designed in such a way to incorporate, at a
minimum, LEED for Schools – Gold. Evaluation will be required to determine if the level of
renovation qualifies for LEED certification. If the Project qualifies, the District will require the
innovation LEED Pilot Credit – Integrative Process for Health
Promotion(https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-
construction-retail-new-construction-healthc-106.) The Design -Builder is responsible for the
application and execution of LEED requirements where applicable.

2.5.1.2 Net Zero Energy and Energy Consumption Requirements: It is assumed that the
Project will not be able to achieve On Site NetZero. However, the Design-Builder shall assume
that the project will need to seek an exemption to Department of Energy and Environment
(DOEE) Appendix Z regulations via the Green Building Advisory Council per the Greener
Government Buildings Amendment Act. The Design -Builder shall be responsible for
performing a full building energy evaluation at the commencement of the project per Section
.3.1.1.

2.5.1.3 Solar-Readiness Requirements : The solar panels will be purchased, installed, and
maintained through the Department by entering into a separate solar power purchase
agreement. The Design -Builder shall make the Project solar -ready by running electrical
conduit for future solar locations on roofs and/or facades and building steel canopies to support
solar in the future in consultation with the Department’s solar owner representative. The
Design-Builder and the Departments solar owner representative will work together to provide
the required calculations to meet the requirements of Appendix Z onsite renewable. All projects
required to meet Onsite Net Zero Energy are required to offset all building energy use within
the bounds of the property. Solar panel, inverter material, labor costs, and solar commissioning
shall remain outside of the Design-Builder’s scope. While it is assumed solar panels will be a
part of the design to achieve Net Zero Certification, it shall not be the only strategy to achieve
the Project goals. The Design-Builder shall present iterative design options to the Department
and DCPS to ensure the net zero goals are in alignment with program goals for the school.

2.5.1.4 Stormwater Management: The Design -Builder is responsible for meeting all
Stormwater Management requirements within the bounds of the project site. Additionally, the
Design-Builder shall explore the possibility of the creation of Stormwater Retention Credits
through the Department of Energy and Environment (“ DOEE”) Stormwater Retention Credit
program. The Design -Builder is responsible for completing all the work and documentation
required for certification and final approval for Stormwater Management facilities on the
project.

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.
Only a duly authorized Contracting Officer shall have the authority to direct the
Contractor to start the Project or to issue change orders, contract modifications, or
change directives on the Department’s behalf. The Project Manager and Contracting
Officer’s Technical Representative shall not have the authority to modify any of the rights
and obligations of the Department or the Contractor pursuant to the proposed Contract,
or to issue change orders, contract modifications, or change directives.
As of the date that this Agreement is executed, the Department’s duly authorizing Contracting
Officers are set forth in Exhibit I.
Section 2.7. General Description of Design-Builder’s Duties.
Generally, the Design -Builder shall perform the services in a professional workmanlike
manner. The Design-Builder shall supply and furnish at the location where the Work is to be
performed all design service, labor, materials, equipment, tools, services, and supervision, and
shall bear all items of expense, nece ssary to complete and satisfactorily perform this
Agreement, except such items that the Department, in this Agreement, specifically agrees to
supply or furnish to or for the use of Design -Builder. Any labor, materials, equipment, tools,
services, or supervision not specifically described in this Agreement, but which may be fairly
implied as required thereby or necessary to properly complete the Work, shall be deemed
within the scope of work (“Scope of the Work” or “SOW”) and shall be provided by the
Design-Builder at Design-Builder’s sole expense.
The Design-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: (1) 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); (2) to develop a comprehensive Project
phasing; (3) to solicit competitive trade bids for the construction work and to develop an
acceptable GMP and corresponding scope and schedule for the work, and (4) 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

a) 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.
b) If any disclosure, representation, warranty, or certification the Design-Builder has made
or makes pursuant to the RFP or the Agreement, including, without limitation,
representations concerning the Design-Builder’s construction or design experience and
qualifications, claims or litigation history o r financial condition, is materially
inaccurate, that shall constitute a material breach of the Agreement, entitling the
Department to any and all available remedies.
c) The terms and conditions of this Section 2.8 shall apply during both the Design &
Preconstruction and Construction Phases.
Section 2.9. Responsibility for Agents and Contractors.
At all times and during both the Design & Preconstruction and Construction Phases, the
Design-Builder shall be responsible to the Department for any and all acts and omissions of
the Design -Builder’s agents, employees, Subcontractors, Sub -Subcontractors, m aterial
suppliers, laborers, and agents and employees of the Subcontractors, Sub -Subcontractors,
material suppliers, and laborers performing or supplying Work in connection with the Project.
Section 2.10 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.
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 Schematic Design Documents; (iv) prepare and submit soft copies of the
50% Design Development Documents and budget, approximately halfway through the Design
Development phase as a progress set to the Departmen t; (v) prepare and submit soft and hard
copies of the complete set of Design Development Documents, Specifications , and Design-
Builder’s cost estimate and schedule; (vi) prepare soft and hard copies of the complete set of
Construction Documents, Specifications and Design-Builder’s cost estimate and schedule; (vii)
review existing condition assessment and recommendation , and (viii) obtain all necessary
building permits to support the Project Schedule.
Without limiting the generality of the foregoing, during the Preconstruction Phase, the Design-
Builder shall: (i) work with its Architect and any design consultants to advance the design for
the Project in consultation with the Client Agency, the Department, and its Program Manager;
(ii) obtain bids from trade subcontractors to perform the work described in the Design
Development Documents and provide bid tabulations to the Department; (iii) engage in any
Value Engineering and scoping exercises necessary to return the cost of the work to the Project
Budget; (iv) engage in preconstruction activities, including identifying any long -lead items;
(v) develop a GMP proposal for the Project; and (vi) enter into a GMP for the Project.
Throughout the Design & Preconstruction Phase, the Design-Builder shall schedule and attend
regular meetings with the Department, the Program Manager, and the Design -Builder’s
Architect.
Section 3.1.1. Building System Assessment. If requested by the Department, within twenty -
eight (28) days after the Preconstruction NTP is issued, the Design -Builder shall conduct an
assessment report of the building systems and submit a written report to the Department that
assesses whether the existing building systems can accommodate the new space or if additional
systems need to be added as part of this modernization. This report shall take into consideration
the nature of this Project and the proposed Ed Specs. This report shall assess all the building’s
key systems, including, but not limited to, HVAC, kitchens, roof, windows, electrical, lighting,
audio-visual equipment, intercom, fire alarms, and plumbing.
Section 3.1.1.1 Baseline Schedule.
Within twenty-one (21) 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 reasonably 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 D epartment and the Design -Builder and any other
affected parties to properly plan the Project. The Baseline Schedule shall include but not be
limited to the following key milestones:
a) Building Systems Assessment Submission (within 28 days of NTP);
b) Construction Management Plan Submission (within 28 days of NTP);
c) Concept Design Submission (within 8 weeks of NTP);
d) Concept Design Department review period (14 days);
e) Early Start Agreement(s) Submission Date(s);
f) Schematic Design Submission;
g) Schematic Design Department review period (14 days);
h) 50% Design Development Submission;
i) Design Development Submission;
j) Design Development Department review period (14 days);
k) GMP Submission Date;
l) Permit Submission(s)
m) Anticipated Permit approval(s);
n) Construction Document Submission;
o) Construction Document review Period (14 Days)
p) Release dates for the key subcontractors and long -lead materials, include the
following, if applicable:
a. Elevator(s);
b. Switchgear;
c. Transformer;
d. Generator;
e. Security cameras;
f. Door hardware;
g. Playground equipment;
h. Kitchen equipment;
i. Furniture; and
j. Windows, storefront, and curtainwall;
k. Specialty Lighting
l. Mechanical Equipment
q) Excavation completion;
r) Below-grade structure completion;
s) Above-grade structure completion;
t) O&M final submission (required 6 months before Substantial Completion);
u) Temporary weather-tight completion;
v) Weather-tight completion;
w) Permanent power completion;
x) MEP systems operational;
y) Sitework completion;
z) Building trade inspections, include the following trades:
a. Elevator;
b. Plumbing;
c. Mechanical;
d. Electrical;
e. Fire Alarm; and
f. Sprinkler;
aa) Final building inspection;
bb) DOB COO application review period (10 days);
cc) Conditional or Final Certificate of Occupancy obtained;
dd) Staff Move-in (3 weeks before student move-in); and
ee) Student Move-in (3rd Monday in August).

The Baseline Schedule shall include durations and logic ties for those building systems that
the Design-Builder is recommending for replacement. The Baseline Schedule must also be
submitted in Primavera 6 native format and shall be updated by the Design -Builder, at a
minimum, monthly.

The Design-Builder shall work with DGS and DCPS to create a design review schedule
that works with the schedule of the School Community and School Improvement Team
(SIT), all SIT required review shall be with the active months of school operations
whenever possible and avoid reviews during summer, winter, and spring breaks. Review
periods cannot be completed without input from the SIT and School community. DGS shall
be notified of any changes of design milestone submission schedules at least two (2) weeks
prior to the submission date to accommodate for SIT Meeting scheduling.
Section 3.1.1.2 Concept Design. No later than eight (8) weeks after the Preconstruction NTP
is issued, the Design-Builder shall prepare and submit a proposed concept designs for the Ed
Spec outlined in Exhibit A1. As part of the concept design phase, the Department requests
three (3) concept options or alternatives. Each of the concept designs shall contain at least the
level of detail to provide legibility of individual programmatic spaces and provided a Plan -to-
Program study of square footages for each space noted in the Ed Spec. The de sign submittal
shall specifically identify any deviations from the Ed Specs and shall explain the rationale and
cost implications associated with such deviation. The Department shall have the right to
disapprove the concept design submittal for any reason. Following review of the concept design
submissions by DCPS and the Department, the Department shall approve a final concept
design. The Design -Builder shall revise the concept design submission as necessary to
incorporate comments, feedback and other dire ction provided by DCPS and the Department.
The Design -Builder’s pricing shall assume that such revisions will be required, and such
revisions shall not entitle the Design-Builder to additional compensation. The requirements for
the Concept Design are as re ferenced in Exhibit A1 checklist verifying all requirements are
met using shall be provided as a coversheet for the Concept Design submission to the
Department.

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 designs (such
estimate, the “Preliminary Budget Estimate”). Regarding building systems (i.e. roofs, doors,
HVAC, security, IT, et c.), the Preliminary Budget Estimate shall be prepared on a “system”
basis that identifies the key building systems or functions and allocates an estimated cost for
each such system. The Design-Build Fee, the general conditions cost, and contingencies shall
be broken out in separate line items. The primary purpose of the Preliminary Budget Estimate
is to aid the Department and the Client Agency in understanding the costs associated with key
elements of the Project to better prioritize and manage the use of the funding allocated to this
Project. All estimates shall be broken out into three categories: renovation, new construction,
and site work, where applicable.
Section 3.1.1.4 Baseline Budget and Program. The Department shall provide the Design -
Builder with a baseline budget and program and comments on the concept design. Such
approval shall be provided (or signed by) the Department’s Deputy Director for Capital
Construction (the “Deputy Director”). In the event the Design -Builder does not receive such
approval within twenty-one (21) days after submitting the Preliminary Budget Estimate, it shall
so advise the Program Manager (“PM”), the Deputy Director, and the Contracting Officer in
writing of such failure and request direction. If the Design-Builder fails to provide such notice,
the Design-Builder will be proceeding at its own risk and will be responsible for any redesign
costs associated with budget revisions.
Section 3.1.1.5 Construction Management Plan. The Design-Builder shall submit a draft
of its construction management and Project phasing plan (“Construction Management Plan”)
within twenty-eight (28) days after the Preconstruction NTP is issued to include, but is not
limited to, noise control, hours for construction and deliveries, truck routes, trash and debris
removal plan, traffic and parking control plan, communications procedures, emergency
procedures, quality control procedures, dust contr ol plan (excavations & foundations,
building construction & sitework/hardscape/landscape), public street cleaning and repair,
planned occupancy of public ways, erosion control, tree protection plan, vibration monitoring
plan, sound monitoring, existing and adjacent building surveys plan , temporary fire protection
measures, project signage, pest control, construction staging plan, and construction
logistics plan.
3.1.1.5.1 Existing and Adjacent Building Survey and Monitoring. The Design -
Builder shall produce a survey document of the areas adjacent to the project site
including, but not limited to, sidewalks, roadways, alleys, trees, plantings and exteriors
of adjacent buildings. Depending on the site condition , it may be necessary to request
an interior survey of adjacent buildings when a property line is shared or in reasonable
proximity to the project. The survey should consist of images and a narrative of the
existing conditions. Such survey documents shall be submitted to the Department no
later than two (2) weeks prior to the commencement of any work.
3.1.1.5.2 The Design -Builder shall be required to submit a sound and vibration
monitoring plan shall be provided for review and approval no later than two (2) weeks
prior to the commencement of any work. The Design-Builder shall be required to keep
daily sound and vibration logs throughout the duration of construction.
3.1.1.6 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 o rdering of long -lead materials, condition
assessments, conservator studies, archeological studies, recommended testing, additional
geotechnical testing, and monitoring of historic assets.
3.1.1.7 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 the
Project and that the deliverables required under Exhibit A1 are key to identify the value of
such services. In the event the Design -Builder fails to deliver any of th e deliverables
required in Exhibit A1 (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) plus Five Hundred Dollars ($500) per day after receiving
written notice from the Contracting Officer of failure to submit such deliverables.
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 DCPS
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 dir ection at
appropriate times. Meeting topics will include , but are not limited to, Site Design, Interior
Design, Hardware and Security, FE&E, Finishes, etc. At each deliverable review periods the
Design-Builder shall participate in the SIT meetings and depa rtmental reviews with several
DCPS and DGS department reviews. The Design -Builder will be provided with written
comments at deliverables and are required to provide written responses within twenty-one (21)
days of the comments being provided. 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 and the Department’s other requirements for the Project. All
Design Documents shall be prepared by the Design -Builder’s duly licensed architects and
engineers. The GMP basis documents and all interim design submissions shall be subject to
review and approval by the Department, and the Design -Builder shall be requir ed 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 Concept Design
Submission 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 Schematic
Design Documents; (iv) prepare and submit soft copies of the 50% Design Development
Documents and budget, approximately half way through the Design Development phase as
progress set to the Department; (v) prepare and submit soft and hard copies of the complete
set of Design Development Documents, Specifications and Design-Builder’s cost estimate
and schedule; (vi) prepare soft and hard copies of the complete set of Construction
Documents, Specifications and Design-Builder’s cost estimate and schedule; (vii) review
existing condition assessment and recommendation; and (viii) 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 Departmen t, 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.
Between the time the Preconstruction NTP is issued and the time the GMP is accepted by
the Department, the Design -Builder shall use commercially reasonable best efforts to
ensure that: (i) the design evolves in a manner that is consistent with the Departme nt’s
budget and programmatic requirements, as the same were defined and established by the
Department at the end of the concept design; (ii) the design work is properly coordinated;
and (iii) the required design deliverables are produced on or before the dates contemplated
in the Project Schedule. As part of this undertaking, the Design -Builder shall provide the
following:
Section 3.1.3.1.1 Schematic Design . The Design -Builder shall prepare a schematic
design for the Project that is a logical development of the approved concept design and
is consistent with the Department’s schedule, budget, and programmatic requirements.
The schematic design shall contain at least the level of detail contemplated in industry
best practices for a schematic design. The design submittal shall specifically identify
any deviations from the approved concept design and shall explain the rationale, cost,
and time implications associated with such deviation. The Department shall have the
right to disapprove the schematic design submittal for any reason. Following a review
of the schematic design submission by DCPS and the Department, the Design -Builder
shall revise the schematic design submission as necessary to incorporate comments,
feedback, and other directions 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 A1. A checklist verifying
all requirements are met using Exhibit A1 shall be provided as a coversheet for the
Schematic Design submission to the Department.
Section 3 .1.3.1.2 Operations and Maintenance Plan. The Design -Builder shall
submit a Maintenance and Operations Plan, which, at a minimum, shall include the
following:
i) Standard Operating Procedures (“SOP”) for all building systems, including, but
not limited to, electrical, mechanical, roof, green roof, geothermal, solar,
plumbing, security, outdoor fields, irrigation, landscaping and lighting;
ii) List of equipment that must be kept on-site to maintain all building systems;
iii) List of chemicals that must be kept on-site to maintain all building systems,
including storage requirements;
iv) Certifications and licenses either required or recommended to maintain all
building systems;
v) Confined space procedures and personal protective equipment that must be
used; vi) Permits and regular inspections that are required to operate the
equipment;
vi) List of hardware, software and software licenses that must be purchased and
maintained;
vii) Recurring trainings on building systems and safety that are necessary to
maintain the building;
viii) The estimated initial and monthly costs for the successful maintenance and
operations of the facility.

Section 3.1.3.1.3 Schematic Budget 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 value engineering analysis and
detailed recommendations for Project savings (even if the Project is not over
budget). To the extent the budget update show s 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 b udget. Only the
Department shall have the authority to increase the Project budget, and absent
such direction, the Deign-Builder shall proceed on the assumption that the budget
remains as originally directed by the Department.
Section 3.1.3.1.4 Constructability/Sole Source/Long-Lead Time
Memorandum.
Concurrently with the Schematic Design Budget Estimate, the Design -Builder
shall prepare a memorandum identifying key construction concerns related to the
Project. Such memorandum shall: (i) assess the constructability issues related to
the Project, incl uding site logistics; (ii) identify any items where the design is
predicated on a single manufacturer and, if so, identify at least two (2)
comparable products; and (iii) identify any long -lead delivery items that could
adversely affect the schedule contemplated in this RFP. To the extent any such
long-lead items are identified, the memorandum shall make recommendations for
addressing such items.
Section 3.1.3.1.4.1 Early Start Work & Long Lead Materials
The Department may release the Design -Builder to commence Early Start
Work including but not limited to hazardous material abatement, interior
demolition, geothermal, below -grade work, utility work, or other early
activities, as applicable. It is envisioned that this work may be released by the
Department in advance of the GMP.
If the Design-Builder believes an earlier release is required in order to meet
the Project Schedule, it shall advise the Department and make a
recommendation as to the requested release date. Any decision to authorize
an early start shall be made by the De partment in its sole and absolute
discretion.
Section 3.1.3.1.5 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) State Historic Preservation Office (“SHPO”); (iv) the
National Capital Planning Commission (“NCPC”); and (iv) the Commission of
Fine Arts (“CFA”).
Section 3.1.4 Design Development
The Design-Builder shall prepare a set of Design Development Documents that is a logical
development of the approved schematic design and is consistent with the Department’s
schedule, budget and programmatic requirements. Prior to the full Design Developme nt
Submission, the Design -Builder shall submit a progress set of drawings, specifications, and
budget at 50% Design Development Drawings the Design -Builder’s Design Development
phase. The final Design Development Documents shall contain at least the level of detail
contemplated in industry best practices for Design Development Documents. The design
submittal shall specifically identify any deviations from the approved schematic design and
shall explain the rationale and cost implications associated with suc h deviation. The Design
submittal shall include clarifications and scoping narrative addressing any scope that is not
apparent in Drawings or Specifications to aid in the bidding process. The Design-Builder shall
include a cost estimate and Value Engineeri ng 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 as noted in Exhibit A1. The Department shall have the
right to disapprove the Design Development Documents submittal for any reason. The
requirements and tasks for Design Development are as referenced in Exhibit A1 checklist
verifying all requirements are met using shall be provided as a coversheet for the Design
Development submission to the Department.
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
as specified in Concept Design, Schematic Design, and Design Development Milestone
Requirements Exhibit A1.
3.1.5 Permits. The Design-Builder shall be responsible for preparing and submitting all the
required permit applications that are necessary to complete the Project. The Design -Builder
shall develop a list of the required permits and shall track the progress of all such permits
through the review process in Project Team. 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 necessar y or appropriate in light of the
Project’s schedule. The Design-Builder shall provide the resources necessary to support these
requirements. If applicable, the Design-Builder shall obtain Chapter 2 and Chapter 3 air quality
permits from the Department of Energy and Environment (“DOEE”) prior to the installation of
a boiler, stationary generator, or any other source of emissions subject to those rules.
3.1.6 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”), State Historic Preservation Office
(SHPO), (iii) the National Capital Planning Commission (“NCPC”) and (iv) the Commission
of Fine Arts (“CFA”).
Section 3.1.7 Early Release
3.1.7.1 Abatement, Selective Demolition and Early Construction. Once the concept
design has been approved, the Department may release the Design -Builder to
commence hazardous material abatement and interior demolition, or other early
activities, as applicable. It is envisioned that this work may be released in advance of
the GMP.
3.1.7.2 Long Lead Materials. The Department will release funding for long-lead items
once the Schematic Design Documents have been approved by DGS. If the Design -
Builder believes an earlier release is required in order to meet the Project Schedule, it
shall advise the Department and make a recommendation as to the requested release
date. Any decision to authorize an early start shall be made by the Department in its
sole and absolute discretion.

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 GMP Basis Project Documents. Based upon the GMP Basis
Project Documents, the Design -Builder shall propose a GMP (referred to as the “GMP
Proposal”) which shall be submitted in accordance with this Article. The Design -Builder
acknowledges and understands that the GMP Basis Project Documents will be incomplete at
the time it submits its GMP Proposal. Although complete construction Project Documents will
not be available and many details will not be shown on GMP Basis Project Documents or will
otherwise need to be adjusted, the GMP proposed in the Design-Builder’s GMP Proposal shall
be intended to represent the Design-Builder’s offer for the Final Completion of the Project. If
the Design-Builder’s GMP Proposal is acceptable to the Department, it shall be memorialized
in the 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 GMP.
Section 4.2 Review of GMP Basis Project Documents.
The Department has selected the Design-Builder, in large part, because of its special expertise
in constructing similar projects. Before submitting its GMP, the Design-Builder shall review
the GMP Basis Project Documents for accuracy, constructability , and completeness and shall
bring such deficiencies to the attention of the Department and shall cause its Architect to
address any such deficiencies. To the extent that any such deficiencies in the GMP Basis
Project Documents could have been identified by such review by a competent Design-Builder,
such deficiencies shall not be the basis for a change in the GMP or delaying the Project
Schedule.
Section 4.3 Contingency.
The Cost of the Work shall include a contingency, which shall be a sum established by the
Department and the Design -Builder to cover, among other things costs necessary to address
scope expansion that is a logical development of the design, issues arising from or as a result
of deficiencies in the GMP Basis Project Documents and other costs which are properly
reimbursable as Cost of the Work but not the basis for a Change Order, such as costs that were
not reasonably foreseeable as of the effective date of this Agreement, including such items as
emergencies, unforeseeable changes in market conditions for materials or labor, or subsurface,
soils or site conditions that were neither known nor reasonably discoverable as of the effective
date of the Agreement (t he “Contingency”). During the Construction Phase, the Design -
Builder shall keep the Program Manager and the Contracting Officer informed as to the status
of the Contingency and shall, at a minimum: (i) advise the Program Manager and Contracting
Officer when draws reach 3% upon the contingency in a timely manager ; and (ii) provide the
Program Manager and Contracting Officer with running status of the Contingency balance at
least once every two (2) weeks.
Section 4.4 Trade Bids.

Section 4.4.1 Subcontractors and Suppliers; Bidding Procedures. During the
Design & Preconstruction Phase, the Design -Builder shall seek to develop
subcontractor interest in the Project. At the time of the completion of the schematic
design, the Design-Builder shall provide to the Department for its review and approval
a written submission on the proposed bidding procedures. Such procedures shall
include: (i) a list of proposed trade packages; (ii) a list of trade subcontractors that will
be invited to bid on each such package; and (iii) a narrative description of the process.
At least three (3) potential subcontractors shall be identified for each trade package. A
copy of this deliverable must be submitted to both the Program Manager and the
Contracting Officer. In the event the Department does not approve the proposed
bidding procedures within fifteen (15) days after its receipt, such procedures shall be
deemed approved unless the Department advises that such is still under review.
Section 4.4.2 Manage Bidding Process. The Design-Builder shall manage the trade
bidding process in accordance with the approved bidding procedures and shall use
commercially reasonable best efforts to obtain at least three (3) qualified and bona fide
bids for each trade package in excess of One Hundred Thousand Dollars ($100,000). In
the event that the Design -Builder submits a bid to self -perform any trade, a qualified
fourth bid must be provided, see Section 4 .4.3 regarding self -performed work. 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 in dependently confirm the Design -Builder’s adherence to all contractual
requirements, including, without limitation, affirmative action requirements and
subcontracting requirements.
Section 4.4.3 Self-Performed Work. The Design-Builder and its affiliates may not
carry out trade work with its own forces without the Department’s written permission,
for which permission may be withheld or conditioned by the Department in its sole and
absolute judgment.
Section 4.4.4 Prepare Bid Tabs. The Design-Builder shall provide the Department
with an analysis of the bids received and a copy of each such bid. 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.
In general, the bid tab shall be presented in tabular format that compares the bids
received based on the comparative scope of work and any other relevant information
(i.e. exclusions, past performance history, etc.).
Section 4.5 Value Engineering.
Based on the trade bids received, the Design-Builder shall prepare a written report of suggested
Value Engineering strategies necessary to reconcile the costs of constructing the Project
Budget, if necessary. The Design-Builder shall meet with the Department’s representatives to
discuss any Value Engineering and changes in the scope necessary to ensure that the
Department’s schedule and programmatic requirements are met and that the budget is not
exceeded. The Design -Builder shall cause the Design-Builder’s Architect to implement and
price any approved Value Engineering strategies.
Section 4.6 Basis of Guaranteed Maximum Price.
Based on the trade bids, the Design -Builder shall submit a GMP Proposal to the Department
using ProjectTeam. 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 Offeror
shall include allowances as stated in Section 1.3 of the RFP.
c) Assumptions and clarifications made in preparing the GMP Proposal, noting in
particular any exclusions. The assumptions and clarifications shall take precedence
over the drawings and specifications. The Design -Builder shall prepare a separate
memorandum that highlights any differences between the then -approved drawings
and the modifications made in the assumptions and clarifications. Such
memorandum shall specifically address any changes in the Project aesthetics,
functionality or performance.
d) The proposed GMP, including a statement of the detailed cost estimate organized
by trade categories, allowances, contingency, and other items and the fees that
comprise the GMP.
e) An update to the Project’s schedule to which the Design -Builder will agree to be
bound. This update shall be prepared in the same level of detail and in the same
manner as the Baseline Schedule, and without any change to the Substantial and
Final Completion Dates unless approved by the Department’s Contracting Officer.
f) A subcontracting plan setting forth the names and estimated dollar volume of the
work that will be performed by LSBDEs, as certified by the Department of Small
and Local Business Development, upon which the GMP is based.
g) A summary of Capital Cost vs Operating Cost Eligibility.
h) A list of additive alternates or deductive alternates with defined executable dates, if
any.
i) GMP and any Council Package cost estimate summary shall be broken down into
three categories as applicable: New Construction, Renovation, and Sitework. A
separate summary shall be provided that notates any previous contract approval ,
such as the letter contract or any early start agreements.
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 circumstances relating to the construction of that Project
which resulted in an unavoidable increase in costs, except when
deemed the responsibility of the Department in accordance with this
Contract. If the Design-Builder fails to include all of the required scope
of work in the bid packages, Design-Builder Contingency may be used
to purchase the omitted scope until the Design-Builder’s Contingency
balance reaches zero or until the balance equals the anticipated
subcontractor modifications. All requests to use the Design -Builder’s
Contingency shall be submitted as a Request for Change Order
("RCO"). Charges to the Design -Builder’s Contingency shall not
become due and payable until the RCO is approved in writing by the
Department. If the Design -Builder’s Contingency reaches zero, a ny
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 caused to increase the GMP.
iii. Once all subcontracts anticipated by a GMP have been awarded,
including any self -performed work, the Department may require the
Design-Builder to reduce the Design -Builder’s Contingency to an
amount as agreed to by the parties to reflect the Design -Builder’s risk
from that point in the Project forward.
iv. Upon Final Completion of the Project, any remaining Design -
Builder’s Contingency, after Shared Savings per Section 2.2.3.6 of the
RFP, shall be reduced to zero by a Contract Modification and the
Design-Builder shall have no entitlement to the balance.
B. Owner Contingency/Allowance(s)
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 Modif ication 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
demonstrating to the satisfaction of the Department that the costs to be
incurred are necessary for the Work and are the responsibility of the
Department. At all times, the Design-Builder shall avoid and mitigate
Department Contingency costs whenever possible. Before payment or
as part of an audit, the Design -Builder and the Department shall have
the 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.
k) A list of all active contracts that vendor holds with the District.
l) Campaign Finance Reform Self Certification.

Section 4.7 Department Review of GMP Proposal.
The Design -Builder shall meet with the Department to review the GMP Proposal and the
written statement of its basis. In the event that the Department discovers any inconsistencies
or inaccuracies in the information presented, the Department shall promptly notify the Design-
Builder, who shall make appropriate adjustments to the GMP Proposal, its basis, or both.
Section 4.8 Department Approval 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 to the Council for the District of Columbia. The GMP shall be subject to
review and approval by the Council for the District of Columbia in the event it exceeds the
previously approved contract value by more than $1 million. In such an event, the GMP shall
not be effective until so approved. In the event th e Department and the Design -Builder are
unable to agree upon the GMP or the schedule for the Project, the Department shall have the
right to terminate the Agreement and assume any trade subcontracts held by the Design -
Builder. In such an event, the Design -Builder shall only be entitled to fifty percent (50%) of
the Preconstruction Fee.
Section 4.9 GMP Amendment.
In the event that an acceptable GMP Proposal is not developed and a GMP Amendment is not
executed, the Agreement will be terminated. In the event the Agreement is terminated pursuant
to this Section, the Department shall be free to use any of the Project d ocuments and
information developed through the date of termination to retain a new contractor to complete
the Project. In such an event, the Design -Builder shall only be entitled to Fifty percent (50%)
of the Preconstruction Fee.

Section 4.10 Assignment Upon Failure to Reach GMP.
In the event that the Department and the Design-Builder are unable to agree upon a GMP, the
Department shall have the right to terminate this Agreement, and if requested by the
Department, the Design-Builder shall assign any trade subcontracts and its agreement with the
Design-Builder’s Architect to the Department upon such terms and conditions and at the time
requested by the Department. In such an event, the Design -Builder shall forfeit fifty percent
(50%) of the Preconstruction Fee.
Section 4.11 Certification.
As part of the GMP Proposal submitted in accordance with this Article, the Design -Builder
agrees to specifically acknowledge and declare that the Contract Project Documents are
sufficiently complete to have enabled the Design -Builder to determine the Cost of the Work
therein in order to enter into the GMP Amendment and to enable the Design -Builder to agree
to construct the Work outlined therein in accordance with applicable laws, statutes, building
codes and regulations to the best of Design-Builder’s knowledge, and otherwise to fulfill all its
obligations hereunder. The Design -Builder shall further acknowledge that it has visited the
site, examined all conditions affecting the Work, is fully familiar with all of the conditions
thereon and affecting the sam e, and, has carefully examined all drawings and specifications
provided to it.

Article 5 - CONSTRUCTION PHASE
Section 5.1 General.
The Construction Phase shall not commence until the Department issues a NTP for
Construction Phase Services. The Design -Builder shall, through Subcontractors or, with the
written consent of the Department, with the Design-Builder’s own forces, perform all of the
Work necessary to construct the Project so that it is complete, safe, and properly built in strict
accordance with the approved Construction Project documents and the other requirements of
this Agreement. Without limitation, the Design-Builder shall provide all of the labor, materials,
tools, equipment, temporary service s, 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 include, but is not necessarily limited to, 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.
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 prog ress 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 Desig n Development Documents and shall address in
a narrative format the impact, if any, such departure shall have on the Project’s aesthetics,
functionality or performance. The Department shall have the right to disapprove the
Construction Documents for any re ason. If the Department disapproves of the Construction
Documents, the Design -Builder will not be entitled to any additional compensation. If,
however, the Department disapproves a Construction Document that is a logical extension of
the approved Design De velopment 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.
Section 5.2.3. Code Review. The Design-Builder shall submit the Permit Set to the DOB in
order to obtain the necessary building permits for the Project. The Design -Builder shall
monitor the permit process and shall incorporate any changes or adjustments required by the
Code Official. The Design-Builder shall also issue any such changes to the Department for its
review and approval. In this submittal, the Design-Builder shall highlight (or bubble) any
aspect of the design that represents a material deviation from the permit set Project documents
and shall address in a narrative format the impact, if any, such departure shall have on the
Project’s aesthetics, functionality or performance. Subsequent to obtaining the necessary
building permits, the Design-Builder shall prepare one or more sets of “issued for construction
Project documents” (the “IFC Set(s)”).
Section 5.2.4. Design Changes. If it should become necessary to amend any of the approved
IFC Set(s), the Design -Builder shall prepare an amendment to the drawings and shall submit
such amendment to the Department for its review and approval. In this submittal, the Design-
Builder shall highlight (or bubble) any aspect of the design that represents a material deviation
from the permit set documents and shall address in a narrative format the impact, if any, such
departure shall have on the Project’s aesthetics, functionality or performan ce. In the event the
Department does not approve such document within ten (10) business days after issuance,
unless otherwise denied, such document shall be deemed approved, provided however that the
Department has not advised that such document is still under review.
Section 5.2.5 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 De sign-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 0. 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 agreed, 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 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 strategies may
include, but are not limited to : (i) obtaining from subcontractors unit price quotes for typical
coordination items; (ii) setting aside allowances for coordination work; and (iii) such other
techniques as may be employed by the Design-Builder.
Section 5.3.4 The Design-Builder shall carefully document its procedures for making available
bid packages to potential bidders, the contents of each bid package, discussions with bidders at
any pre-bid meetings, bidders’ compliance with bid requirements, all bids received, the Design-
Builder’s evaluations of all bids, and the basis for the Design-Builder’s recommendation as to
which bidders should be chosen. The Department shall be afforded access to all such records
at all reasonable times so that, among other things, it may independently confirm the Design -
Builder’s adherence to all requirements set forth in the Agreement including, without
limitation, affirmative action requirements and subcontracting requirements.
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;
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 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 1 3 (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 supplier for
its proportionate share of the amount paid to the Design -Builder for the subcontractor’s or
supplier’s Work or materials or equipment or notify the Department and the subcontractor or
supplier, in writing, of the Design -Builder’s intention to withhold all or part of the payment
and state the reason for the withholding. All monies paid to the Design -Builder under the
Agreement shall be used first to pay amounts due to subcontractors or suppliers supplying labor
or materials for the Project and only money remaining after such payments are made may be
used for other items such as the Design-Build Fee. Monies paid by joint check shall be deemed
to have been paid fully to the subcontractor or supplier named as a joint payee unless the
Department agrees otherwise in writing. Any interest paid to subcontractors or suppliers
because the Design-Builder has failed to pay them in a timely fashion shall not be reimbursable
as part of the Cost of the Work.
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.
Section 5.3.12The 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 the 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 project ion 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 durati ons, progress, and
completion, revisions to the schedule logic or assumptions, and other relevant changes. Any
significant variance from the previous schedule or update shall also be identified in a narrative,
together with the reasons for the variance and its impact on Project completion. All Schedule
updates shall be in a native format reasonably acceptable to the Department (e.g., Primavera).
The Department may make reasonable requests during the Project for changes to the format or
for further explan ation of the information provided. Submission of updates showing that
Substantial Completion or Final Completion of the Project will be achieved later than the
applicable scheduled completion date shall not constitute requests for an extension of time and
shall not operate to change the scheduled completion date(s). The Department’s receipt of, and
lack of objection to, any schedule d update showing Substantial Completion or Final
Completion later than the dates agreed upon in the Project Schedule shall no t be regarded as
the Department’s agreement that the Design -Builder may have an extension of time, or as a
waiver of any of the Department’s rights, but merely as the Design -Builder’s representation
that, as a matter of fact, Substantial Completion or Final Completion of the Project may not be
completed by the agreed-upon date in the Project Schedule. Changes to the scheduled
completion dates may be made only in the circumstances and only by the methods set forth in
this Agreement.
Section 5.5 Written Reports.
The Design-Builder shall provide written reports to the Department on the progress of the entire
Work at least monthly from Preconstruction Notice to Proceed until the Final Completion of
the Project. The monthly report shall include: (i) an updated schedule analysis, including any
plans to correct defective or deficient work or recover delays; (ii) an updated cost report; (iii)
a monthly review of cash flow; (iv) a quality control report; (v) progress photos; and (vi) an
updated buyout log for all awarded subcontracts. 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 GMP line item, the original
line-item amount, approved, pending, and projected Change Order amounts, the cost incurred
to date, the projected cost to complete the Work of the line item, and any variance between the
actually approved budgeted balance of the line item and the projected cost to complete. A clear
distinction must be made between approved Change Orders and those merely requested or
anticipated. The report shall explain all variances including “buy -outs” or final actual costs
including those below their respective GMP line item. In addition, the report must disclose
any instances in which the Design -Builder has transferred amounts from one line item to
another, or from the Contingency to any other line item. Neither submission nor the
Department’s failure to reject an update reflecting that the pro jected cost to complete the
Project exceeds the GMP will operate to increase the GMP or waive the Department’s right to
enforce the GMP. 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 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 monthly
basis, a copy of the log shall be submitted to the Department.
Section 5.6 Cost Control System.
The Design-Builder shall use a system of cost control for the Work in a format consistent with
the GMP Drawings & Specifications and approved by the Department, which shall include,
without limitation, regular monitoring of actual costs for activities in 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:
The following individuals shall be considered key personnel (“Key Personnel”) of
Design Builder:

i. Design Builder Project Manager
ii. Superintendent
iii. Project Executive

B - Key Personnel of the Design-Builder’s Architect/Engineer
The following individuals shall be considered the Key Personnel of the Design-
Builder’s Architect/Engineer:

i. A/E Project Manager
ii. Project Architect
iii. Principal in Charge

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 becomes 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 replacement, 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 arisi ng 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
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 specified Substantial Completion Date. Unless the failure to achieve
Substantial Completion by the specified Substantial Completion Date is a result of an
Excusable Delay, as defined in Section 5.11.3, the delay shall be deemed Non-Excusable and
the Design-Builder shall not be entitled to an extension of time. Without limiting the generality
of the foregoing, delays for the following reasons shall be regarded as Non-Excusable and shall
not entitle the Design-Builder to an extension of time:
Section 5.11.2.1 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 Desi gn-Builder, or any of its employees, agents, Subcontractors or
material suppliers be deemed an Excusable Delay; or
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; or
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.
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 material suppliers; (iii) is on Project’s critical
path; and (iv) is in addition to any time contingency periods set forth in the critical path.
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, only 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, includi ng all direct and indirect
costs, bonds and insurances resulting from such extended duration. It is understood that the
Design-Builder shall not be entitled to any profit or home office overhead, including, but not
limited to, an increase in the Design -Build Fee, on any amounts to which the Design -Builder
may be entitled pursuant to the preceding sentence.
Section 5.12 Site Safety and Clean-Up.

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).
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 DCPS 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 DCPS at any time, including, but not limited
to, as necessary to address any new national or local COVID-19 regulations, recommendations,
or restrictions. The cost of revising and complying with the plan shall not entitle the Design -
Builder to an increase in the GMP. In the event the Design-Builder fails to provide the Safety
Plan, the Design-Builder will not be permitted to commence the Construction Phase until the
Safety Plan is submitted , and in no event shall any resu lting 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.
Section 5.12.6 Site Cleanliness. During the Agreement performance and/or as directed by the
Department’s Program Manager, as the installation is completed, the Design -Builder shall
ensure that the site is clear of all extraneous materials, rubbish, or debris.
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 costs for these Site Office(s) shall be included as part of the Design-Builder’s
general conditions cost. The site office shall include at a minimum, working space for 2 DGS
staff members, a restroom, internet access, electricity, and climate control.
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.

Section 5.14.1 Punchlist. Promptly before Substantial Completion, the Design-Builder shall
cause the Design-Builder’s Architect to develop a punchlist. Once the punchlist 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 punchlist items no later than sixty (60) days
after Substantial Completion is achieved.

Section 5.14.2 Warranties & Manuals. The Design-Builder shall prepare and submit the
following Project documentation in accordance with the Turnover Manual: (i) a complete set
of product manuals (“O&M” or “Operation and Maintenance Manuals”), training videos, draft
and final warranties, etc.; (ii) attic stock; (iii) an equipment schedule; (iv) a proposed schedule
of maintenance for the new building; (v) environmental, health and safety documents for the
new building; and (vi) all applicable inspection ce rtificates/permits (boiler, elevator,
emergency evacuation plans, health inspection, etc.) for the new building.
No later than thirty (30) days following Substantial Completion, the Design -Builder shall
prepare and submit : (i) a complete set of its Project files; and ( ii) a set of record drawings ,
including BIM models . The Design -Builder shall provide a maintenance and repair cost
services report, which includes conducting a 40-year life cycle cost analysis, which includes a
detailed list of replacement costs, maintenance costs, an estimate of repair costs, anticipated
energy costs, and a list of other relevant life cycle costs.
Section 5.14.3 Eleven Month Walk. 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 5.14.4 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 the Client Agency in relocating FF&E and
other items as necessary within the renovated building, as well as for cleaning and other move-
in services as directed by the Department. The GMP shall include an allowance and scope of
work for these activities. This allowance is in addition to cleaning services that would otherwise
be required by the Design -Builder, including, but not limited to, the obligation to deliver a
broom-clean building at the end of construction.
Section 5.15 Salvaged and Stored Items. The Design -Builder shall be responsible for
salvaging and storing all items as identified by the Department, and to the benefit of the
Department, in accordance with all applicable District laws and regulations, after notifying the
Department and receiving the Department’s permission to proceed.
Section 5.16 Protection of Existing Elements.
The Design -Builder shall protect all existing features, public utilities, and other existing
structures during construction. The Design -Builder shall protect existing, site improvements,
trees, and shrubs from damage during construction. Protection extends to the root systems of
existing vegetation. The Design -Builder shall not store materials or equipment, or drive
machinery, within the drip line of existing trees and shrubs.

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

Section 5.18 Quality Control Plan.

Section 5.18.1 General Obligation. The Design-Builder shall be responsible for all activities
necessary to execute, manage, control, and document work to ensure 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 completio n including site assessment -
investigations/discovery, schematic design, 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, submitta l management, change document
processing/incorporation, reporting, and all other functions necessary to achieve highest levels
of quality during design and construction efforts. The Design-Builder’s quality control plan
(the, “Quality Control Plan”) submit tal must include statements affirming compliance with
DGS QC Program requirements.
Section 5.18.2 Quality Control Plan. Within thirty (30) days after the NTP, the Design -
Builder shall develop a Quality Control Plan for the Project 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 ar rangement detailing ongoing, regular interaction/coordination within the
Design-Builder’s teams, duties/responsibilities of quality control personnel, submittal
procedures, schedule of specified inspection & testing requirements, deficiency correction
procedures, issues & conflicts resolution, RFI documentation process, change management, as-
built record keeping of contract documents and a listing of customized quality control
procedures that will be required to ensure key elements of the Work are executed in
conformance with design documents. Examples of a few key elements that necessitate focused
attention and involvement of competent agencies include MEP -Energy systems
startup/commissioning, security systems integration , and building envelope multi -trade
coordination. Mockup construction requirements must be incorporated into the plan, in order
to establish a minimum standard of acceptance by the Department, for the Project’s most visible
and critical structural-architectural building elements like CIP con crete and exterior facades.
The Quality Control plan must clearly describe requirements addressing 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 DGS
QC Program’s 3 phase checklists recommended to be undertaken by the Design-Builder's team.
Prior to 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 and specifi cations – are as complete as
possible, prior to contractor’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 con trol mechanisms proposed to be implemented by
the Design-Builder to ensure adherence with design documents by way of minimal rework and
maintaining the highest standards of construction. The Quality Control Plan must detail
description of any 3 rd 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 repor t 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. A ll components must be updated regularly, and current versions included
with monthly submissions to the Department.
a. 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.
b. 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.
c. Deficiency tracking log.
d. 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.
e. 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 will include sufficient funding in the GMP
in order to comply with the requirements of this Section.
Section 5.20 Corrective Action Plan.
Subject to the terms of this Section, the Department shall have the right to direct the Design-
Builder to revise the provisions of the Quality Control Plan if, in the reasonable judgment of
the Department, the craftsmanship of the Work being installed fails to comply with generally
applicable industry standards, requirements set 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
Plan and/or may impose additional re quirements on the manner in which Work is being
performed. Provided the Department complies with the notice provisions of this Section, the
cost of any such corrective action directed under this Section shall not justify an adjustment to
the GMP or the Substantial Completion Date.
Section 5.21
a) Use of Department’s Electronic Project Management Information System
(ProjectTeam). The Design-Builder shall utilize the Department’s current project
management software, ProjectTeam, to submit any and all Project documentation
required to be provided by the Design -Builder for the Project, including, but not
limited to: (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv)
invoices/applications for payment (full package including all for ms required by
DGS); (v) certified payrolls (in addition to upload via LCP Tracker); (vi) drawings
and specifications; (vii) GMP and any Submissions that require approval by DC
Council; (viii) punchlist; and (ix) other Project documents as may be designate d by
the Department.

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

b) Invoice Submittal. The Design-Builder shall create and submit payment requests in
an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The
Design-Builder shall submit proper invoices on a monthly basis. To constitute a
proper invoice, the Design-Builder shall enter all required information into the Portal
after selecting the applicable purchase order number which is listed on the Design -
Builder’s profile.
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 determi ne the
Procurement Regulations, statutes, laws, codes, ordinances, regulations, rules, requirements
and orders that apply and their effect on the Design -Builder’s obligations thereunder. Given
the requirements for the Project, the Department may, at its s ole 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.
Without limiting the generality of the foregoing, all drawings shall be signed and sealed by a
professional architect or engineer licensed in the District of Columbia.

Article 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 , Contrac t Modifications or Change Directives, and shall
render such decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or performance of the Work of the Design-Builder. In order
for the Department to effectively manage th e 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 approval. During the entire term of the
Agreement, it is agreed that the Design-Builder’s designated representative will devote his or
her time exclusively to the Project, unless the Department consents to a reduction in time. All
services provided by the Design -Builder shall be performed in accordance with the highest
professional standards recognized and adhered to by design-builders that build first-class state-
of-the-art buildings and projects that are similar to the Project in large urban areas.

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

7.1.1 The Department shall compensate and make payments to the Design-Builder for Design
& Preconstruction Services in accordance with this 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.
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
performed. In no event, however, will the aggregate of the Design-Builder’s monthly invoices
for Design & Preconstruction Phase Services exceed the Preconstruction Fee plus the Design
Fee.
Section 7.2.2 Payments are due and payable in accordance with Article 12 of this Agreement.
Amounts unpaid after the date of which payments are due shall bear interest in accordance with
the Quick Payment Act.

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) DCPS Chief of Facilities or their
designee; (iii) DGS Capital Construction representative; and (iv) DCPS Facilities
representative. Committee members shall not include an individual who has day -to-day
interactions or involvement on the Project, or an individual wh o 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 W.
Section 8.2 Lump Sum General Conditions Cost.

The Lump Sum General Conditions Cost shall be the amount paid by the Department for those
costs described in Section 9.2. The Lump Sum General Conditions Cost shall not be increased
or decreased as a result of change orders or change directives unless such changes extend the
duration of the Project beyond the substantial completion date. To the extent the Design -
Builder incurs General Conditions costs in excess of the Lump Sum General Conditions Cost,
the Design-Builder shall not be entitled to reimbursement for such amounts. In such an event,
the Design-Builder shall 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 th e 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 fifteen (15) calendar days in advance, if the Design -Builder encounters any
foreseen or unforeseen project -related events, which might reasonably affect : (i) existing
Project Budget; or (ii) DC council-authorized appropriations.
Section 8.5 No Adjustments to Fee.
It is the Department’s intent to engage the Design -Builder to develop a GMP that meets the
programmatic requirements set forth 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 punchlist 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
punchlist 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

Section 8.7 Direct Cost of Work
“Direct Cost of the Work” shall mean labor, material , and other costs reasonably and
necessarily incurred in the proper performance of the Work as approved by the Department
and shall include, but not be limited to:

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

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 not 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 requir ed 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 the 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 again st
the Cost of the Work.
Section 9.1.4 Royalty and license fees paid for use of a design, process, or product if its use is
required by this Agreement or has been approved in advance by the Department;
Section 9.1.5 Fees for obtaining all required approvals or permits associated with any
abatement, demolition, utilities abandonment, and utility relocation (including utility
connection fees), including any and all building and/or trade permits fees;
Section 9.1.6 All performance and payment bonds and general liability insurance. The
Department may, in its sole discretion, allow the Design -Builder to recover the costs of
subcontractor default insurance at a mutually agreed-upon rate in 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 additiona l
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 understo od that the cost of repairing, correcting
damaged or nonconforming Work that was Self -Performed shall not be reimbursable in any
event.
Section 9.2 Lump Sum General Conditions Cost.
The Contractor shall propose a lump sum amount for the General Conditions Cost, and this
lump sum amount shall be the extent of what the Design -Builder is entitled to recover for the
cost of General Conditions (such cost, the “Lump Sum General Conditions Cost”). The Lump
Sum General Conditions Cost shall not be increased or decreased as a result of Change Orders
or Change Directives unless such changes: (i) extend the duration of the Project beyond the
time identified in Section 1.22; and (ii) the Design-Builder can demonstrate to the satisfaction
of the Department that such additional General Conditions costs are necessary and not due to
any fault of the Design-Builder, its subcontractors, materialmen, consultants or anyone making
claims thereunder. To the extent the Design-Builder incurs General Conditions Costs in excess
of the Lump Sum General Conditions Cost, the Design -Builder shall not be entitled to
reimbursement for such amounts unless the Department authorizes, by written Contract
Modification, an increase to the Lump Sum General Conditions Cost. Nonetheless, in such an
event, if the Design Builder exceeds the Lump Sum General Conditions Cost, the Design -
Builder shall continue to be required to adequately staff the Project and provide all
Construction Ser vices. General Conditions shall not be billed till site mobilization has
commenced unless prior authorization is given by the Department, in writing. General
Conditions shall 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;
e) Out-of-house consultants, including, but not limited to, permit expeditors, safety
managers, estimators, 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 per DGS Standards.
q) Site security, as explained in Section 5.12.4.

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 is 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.

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) t he
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 equipmen t 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 D epartment, its
representatives, and the Department’s accountants shall be afforded access to the Design -
Builder’s records, books, correspondence, instruction, drawings, receipts, subcontracts,
purchase orders, vouchers, memoranda, and other data relating to this Project, and the Design-
Builder shall preserve such Project documentation relating to the Project for a period of three
years after final payment, or for such longer period as may be required by law.
Section 9.7 Excluded Cost Elements.
It is the Department’s intent that the Design -Builder provides a turn -key solution for the
implementation of the Project, and the budget set herein has been developed based on such a
framework. The Design-Builder shall advance the Project in a manner consistent with such
budget and the understanding that only the commissioning cost element is excluded from the
budget set forth herein.

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) the Lump Sum General Conditions; and (v)
the Cost of the Work-related to each item of Self -Performed Work, until such time as fifty
percent (50%) of the then currently budgeted cost associated with each such item has been
invoiced, at which point the Department may cease retaining against such item; provided,
however, that retention shall not be held on the costs of bonds, insurances, and those elements
of the general requirements which consist of a single, insolated effort such as dumpster disposal
and safety carpentry. The Department at its sole and absolute discretion may elect to increase
the retention of any trade Subcontractor up to ten percent (10%), in the event the Department
determines that the situation so warrants. The Department also in its sole and absolute
discretion, may elect to reduce the retainage relating to a particular trade Subcontractor, or the
Cost of the Work-related to a specific item of 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 les s than two and one -half
percent (2.5%) of the GMP.
Section 10.3 Stored Materials.
The Department shall not be required to pay for materials stored at the site or stored at other
locations absent prior written authorization to do so, which authorization may be withheld at
the Department's sole discretion. If the Department expressly agrees to pay for materials stored
at the site but not yet incorporated into the Work, the Application for Payment may also include
a request for payment of the cost of such materials, if the materials have been delivered to the
site, and suitably stored. Such requests shall be documented by appropriate invoices and 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); and
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.
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 the execution of appropriate Project documents to confirm the passage of a clear title.
Passage of title shall not operate to pass the risk of loss with respect to the Work in question.
Risk of loss remains with the Desig n-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 unable to agree on the amounts properly due and owing, the Department shall pay in
accordance with its good faith determination , and the Design-Builder may protest and pursue
a claim as provided in this Agreement and the Standard Contract Provisions (Construction
Contracts and Architectural and Engineering Services Contracts).
Section 10.9 Right to Withhold Payments.
The Department will notify the Design -Builder within fifteen (15) days after receiving any
Application for Payment of any defect in the Application for Payment or the Design-Builder’s
performance which may result in the Department’s declining to pay all or a part of the requested
amount. The Department may withhold payment from the Design -Builder, in whole or part,
as appropriate, if:
Section 10.9.1 the Work is defective and such defects have not been remedied; or
Section 10.9.2 the Department has determined that the Design -Builder’s progress has fallen
behind the Project Schedule, and the Design-Builder fails, within ten (10) calendar days of the
Department’s written demand, to provide the Department with a realistic and accept able
Recovery Plan in accordance with Section 5.19; or
Section 10.9.3 the Design-Builder's monthly schedule update reflects that the Design -Builder
has fallen behind the Project Schedule, and the Design -Builder fails to include, in the same
monthly report, a realistic and acceptable Recovery Plan in accordance with Section 5.19; or
Section 10.9.4 the Design-Builder has failed to provide reports in full compliance with Section
5.5 of this Agreement; or
Section 10.9.5 the Design-Builder has failed to pay Subcontractors or suppliers promptly or
has made false or inaccurate certifications that payments to Subcontractors or suppliers are due
or have been made; or
Section 10.9.6 any mechanic’s lien has been filed against the Department, the site or any
portion thereof or interest therein, or any improvements on the site, even though the
Department has paid all undisputed amounts due to the Design -Builder, and the Design -
Builder, upon notice, has failed to remove the lien, by bonding it off or otherwise, within ten
(10) calendar days; or
Section 10.9.7 the Department has reasonable evidence that the Work will not be completed
by the Substantial Completion Date, as required, that the unpaid balance of the GMP would
not be adequate to cover actual or liquidated damages arising from the anticipated delay; or
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
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 the Final Payment not more than thirty (30) days
after the Department verifies the amount of the final payment set forth in a complete final
Application for Payment.
Section 10.12.1 The amount of the Final Payment shall be calculated as follows:

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

Section 10.12.1.2 Subtract amounts, if any, for which the Department withholds
pursuant to the Agreement.
Section 10.12.1.3 Subtract the aggregate of previous payments made by the
Department. (If the aggregate of previous payments made by the Department exceeds
the amount due the Design -Builder, the Design -Builder shall promptly reimburse the
difference to the Department).
Section 10.12.1.4 The Final Payment shall take into account any savings accruing to
the Department or the Design-Builder.
Section 10.12.1.5 The Department will review and report in writing on the Design -
Builder’s final accounting within 30 days after delivery of the final accounting to the
Department by the Design-Builder. Based upon the Department’s determination of the
Cost of the Work and provided the other conditions of Section 10.12.1 have been met,
the Department will, within fifteen (15) days after the Department’s determination,
notify the Design -Builder of any amount that the Department will withhold and the
reasons therefor. The time periods stated in this Section 10.12.1.5 supersede those for
typical progress payments.
Section 10.12.1.6 If the Department determines that the Cost of the Work is other than
that claimed by the Design-Builder, the Design-Builder shall be entitled to proceed in
accordance with Article 3 of the Standard Contract Provisions (Construction
Contracts). Pending a final resolution of the disputed amount, the Department shall pay
the Design-Builder the amount that the Department determines to be appropriate.

Article 11 - INSURANCE

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 submit a Certificate of Insurance to the Contracting Officer (CO) givi ng 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.
The Government of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for workers’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative obligation
imposed upon the insured Contractor or its subcontractors (including without limitation the
liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured status under the
Contractor’s and its subcontractors’ Commercial General Liability insurance policies shall
be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG
20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing. All
of the Contractor’s and its subcontractors’ liability policies (except for workers’
compensation and professional liability insurance) shall be endorsed using ISO form CG
20 01 04 13 or its equivalent so as to indicate that such policies pro vide primary coverage
(without any right of contribution by any other insurance, reinsurance or self -insurance,
including any deductible or retention, maintained by an Additional Insured) for all claims
against the additional insured arising out of the performance of this Statement of Work by
the Contractor or its subcontractors, or anyone for whom the Contractor or
its subcontractors may be liable. These policies shall include a separation of insureds
clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - 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 and under all subcontracts,
covering cla ims for bodily injury, including without limitation sickness, disease or
death and mental anguish of any persons, broad form property damage, 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 domes tic
source). Such coverage shall have limits of liability of not less than $1,000,000 for each
occurrence, and a $2,000,000 general aggregate.
The Commercial General Liability shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2015 0413 (or its equivalent) to The Government of the
District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of
Columbia
d. Any Annual Aggregate shall apply on a per location or per project basis (where
applicable)
e. Defense costs shall be in addition to and not erode the limits of liability
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 covera ge for all owned, hired, borrowed and non -owned
vehicles and equipment used by the Contractor in connection with work under this
agreement, with a minimum combined single limit of $1,000,000 for bodily injury or
death and prop erty damage, including loss of use thereof. Such policy or policies of
automobile liability insurance shall be written on an "occurrence" (as opposed to a
"claims made") basis.
Auto Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:
a. Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or
earthquake; flood; mischief or vandalism; or the sinking, burning, collision or
derailment of any conveyance transporting the covered "auto".
b. Collision Coverage - Caused by: The covered "auto's" collision with another
object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of
Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
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.
The Workers Compensation and Employers Liability shall be further endorsed to:
a. Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b. Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c. Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
breach of contract, and violation of any consumer protection laws arising out of
Contractor’s operations or services with a limit of $2,000,000 per claim and in the
aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable
information and payment card information, network security failure, violation of any
consumer protection laws, unauthorized access and/or use or other intrusions,
infringement of any intellectual property rights (except patent), unintentional breach of
contract, negligence or breach of duty to use reasonable care, breach of any duty of
confidentiality, invasion of privacy, or violations of any other legal protections for
personal information, defamation, libel, slander, commercial disparagement, negligent
transmission of computer virus, or use of computer networks in connection with denial
of service attacks. Such coverage shall include regulatory defense and fines/penalties
in any jurisdiction anywhere in the world. Such coverage shall include contractual
privacy coverage for data breach response and crisis management costs that would be
incurred by Contractor on behalf of The Government of the District of Columbia in the
event of a data breach including legal and forensic expenses, notification costs, credit
monitoring costs, and costs to operate a call center. Contractor shall maintain coverage
in force during the term of this Agreement and for an extended reporting perio d of not
less than two (2) years after.
5. 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 p er 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.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits of $10,000,000 per occurrence and $10,000,000 in the annual
aggregate, following the form and in excess of all liabilit y 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. Cover age shall be primary to any insurance, self -insurance or
reinsurance maintained by The Government of the District of Columbia and the “other
insurance” provision must be amended in accordance with this requirement and
principles of vertical exhaustion.
7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy
including 3rd 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 $10,000
per occurrence.
8. 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 investigation,
civil fines, penalties and damages or settlements. There shall be neither an exclusion
nor a sublimit for mold or fungus -related claims. The minimum limits required under
this paragraph shall be $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 p erformance 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) acc epting,
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.
The Environmental Liability policy shall be further endorsed to include The
Government of the District of Columbia as an Additional Insured.
9. Employment Practices Liability - The Contractor shall provide evidence satisfactory to
the CO 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 Government of 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 a nd $2,000,000
annual aggregate for each wrongful act.
10. 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.
11. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence
satisfactory to the CO 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 p hysical 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 wi ll be considered met if the general liability insurance includes an
affirmative sexual abuse and molestation endorsement for the required amounts or
through a separate stand-alone sexual abuse and molestation policy with confirmation
there are no exclusion s for abuse or assault & battery under the General Liability. 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 ORM for
compliance review.

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 satisfies the interests of the
Contractor.
Builders Risk – The District shall purchase and maintain, in a company authorized to
do business in the jurisdiction in which the project is located, builders risk insurance,
written on an “all risk”, special causes of loss or equivalent form. Builders risk coverage
will include boiler and machinery / equipment breakdown, earthquake, and flood perils.
Building ordnance and terrorism coverage will be included.
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 deductible for Frame and Joisted-Masonry construction shall be $50,000.
The project limit shall equal the replacement value of the structure, including coverage
for property in transit and stored off premises.
At the discretion of the District, builders risk coverage will extend to soft costs and
delayed completion.
Builders risk insurance shall include the interests of The Government of the District of
Columbia, the Contractor, Subcontractors and Sub – subcontractors in the project.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall
be required to have the same insured required of Contractor. Should the Contractor
wish to propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing
the name and brief description of work to be performed by the subcontractor on the
Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In
either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.
D. 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.
E. DURATION. The Contractor shall carry all required insurance until all contract work
is accepted by The Government of 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.
F. LIABILITY. These are the required minimum insurance requirements established by
The Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the
insurance or the limits of insurance specified herein are sufficient or adequate to protect
your interests or liabilities and will not in any way limit the contractor’s liability under
this contract.
G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible
for any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding, and temporary structures, rented machinery, or owned and
leased equipment. A waiver of subrogation shall apply in favor of The Government of
the District of Columbia.
H. Measure of Payment. The Government of the District of Columbia 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.
I. 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 cancellation, non -
renewal, or material changes to the extent such cancellation or material changes results
in Contractor no long complying with the above requirements. 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. The Government
of the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the
change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us
with evidence of renewal before the expiration date of each insurance policy. Contractor
is responsible for providing us with 30 days advanced written notice if the certificate
of insurance by the insurer has been canceled, reduced in coverage, or otherwise
altered. 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, 5th Floor
Washington, DC 20019
peterhenry.lyonga@dc.gov

The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of
the insurance policies. If the insurance initially obtained by the Contractor expires prior
to completion of the contract, renewal certificates of insurance and additional insured
and other endorsements shall be furnished to the CO prior to the date of expiration of
all such initial insurance. For all coverage required to be maintained after completion,
an additional certificate of insurance evidencing such coverage shall be submitted to
the CO on an annual basis as the coverage is renewed (or replaced).
K. disclosure of information. The Contractor agrees that The Government of the District
of Columbia may disclose the name and contact information of its insurers to any third
party which presents a claim against The Government of the District of Columbia for
any damages or claims resul ting from or arising out of work performed by the
Contractor, its agents, employees, servants or subcontractors in the performance of this
contract.
L. 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 better (or the equivalent by any other
rating agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, 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). CO should collect, review for
accuracy, and maintain all warranties for goods and services.

Article 12- BONDS

Section 12.1 Performance Bond and Payment Bond.
The Design -Builder shall, before commencing the Construction Phase, provide to the
Department a payment bond and performance bond, each with a penal sum equal to the full
value of the Agreement, NTE or the GMP. These bonds shall cover all aspects of the Project,
including but not limited to construction management fees, general conditions price, and any
allowances, ensuring full protection for the Department and all subcontractors and suppliers .
Such bond shall remain in full force and effect until Final C ompletion is achieved and the
Department shall be able to draw upon such bond regardless of the amount paid by the
Department to the Design-Builder, even if such amount exceeds the penal value of such bond.
Unless otherwise directed by the Department, the Design-Builder shall require all
Subcontractors whose Subcontract prices exceed One Hundred Thousand Dollars ($100,000)
to provide payment and performance bonds, with a penal sum equal to one hundred percent
(100%) of the subcontract price. All bonds must be in a form acceptable to the Department, its
lenders, or bond trustee, and issued by a surety authorized to do business in the District of
Columbia and a bonding company listed on the United States Department of Treasury’s Listing
of Approved Sureties. All subcontractors’ bonds must include a dual obligee rider, naming the
Design-Builder and the Department as dual obligees. If the GMP 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 b ond, it shall first give the Department
twenty (20) days written notice, so that the Department may lodge any objection it may
reasonably have to the proposed action.

Article 13 - ECONOMIC INCLUSION REQUIREMENTS
Section 13.1 LSDBE Utilization.

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 subcontra cting (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 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 (“CBE (s)”); 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
Section 13.2.1 and Section13.2.2.
Section 13.2.4 Except as provided in Section 13.2.1 and Section 13.2.2, a prime contractor
that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code § 2-
218.43, or is selected through a set -aside program, shall perform at least 35% of the
contracting effort with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than
35% of the contracting effort shall be subject to enforcement actions under D.C. Official Code
§ 2-218.63.
Section 13.2.5 A prime contractor that is a certified joint venture and has been granted a
proposal preference pursuant to D.C. Official Code § 2 -218.43, or is selected through a set -
aside program, shall perform at least 50% of the contracting effort with its own organization
and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A
certified joint venture prime contractor that performs less than 50% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
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.
13.2.7. A prime contractor that is a CBE and has been granted a proposal preference pursuant
to D.C. Official Code § 2 -218.43, or is selected through a set -aside program, shall perform at
least 50% of the on -site work with its own organization and resources if th e contract is $1
million or less.
13.2.8. Furniture Fixtures & Equipment (FF&E).
The Contractor shall ensure that maximum competition is sought for the Project’s FF&E
requirements. Additionally, the Contractor shall ensure that qualified vendors certified by the
District’s Department of Small and Local Business Development as small SBE s are provided
an opportunity to offer a bid/proposal for any of the Project’s FF&E requirements. Qualified
vendors can be found on the District’s Office of Contracting Procurement’s (OCP) District of
Columbia Supply Schedule (DCSS) in the Furniture and F urniture Management category
(https://ocp.dc.gov/page/dcss). The Contractor shall ensure that a minimum of three (3)
qualified SBE vendors are provided the FF&E bid package. The Contractor shall document
the distribution of the bid package to all vendors and responses received, including no -bids in
the FF&E Bid Package. Upon selection, the Contractor shall provide an FF&E Selection
Summary to the PM and CO. The FF&E Selection Summary shall include, at a minimum, the
identification of all vendors provided an opportunity to submit a bid/proposal, pricing of
bid/proposals received, identification of selected vendor with a brief explanation of how the
decision was reached, and any other information relevant to the procurement of the Project’s
FF&E vendor.
Section 13.3 Subcontracting Plan
If the Design-Builder is required by law to subcontract under this Agreement, then the
subcontracting plan submitted with its Proposal, may only be amended with the prior written
approval of the Contracting Officer and Director of DSLBD, as previously stated herein; and,
any reduction in the dollar volume of the subcontracted portion resulting from an amendment
of the Subcontracting Plan shall inure to the benefit of the District. The Subcontracting Plan
shall include the following:
1. The name and address of each subcontractor;
2. A current certification number of the small or certified business enterprise;
3. The scope of work to be performed by each subcontractor; and
4. The price that the prime contractor will pay each subcontractor.
Section 13.4 Copies of Subcontracts
Within twenty -one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the Contracting
Officer (CO), District of Columbia Auditor and the Director of DSLBD.
Section 13.5 Subcontracting Plan Compliance Reporting
Section 13. 5.1 If the Contractor has a subcontracting plan required by law for this
contract, the Contractor shall submit a quarterly report to the Contracting Officer, District
of Columbia Auditor, and the Director of DSLBD. The quarterly report shall include the
following information for each subcontract identified in the subcontracting plan:
a. The price that the prime contractor will pay each subcontractor under the
subcontract;
b. A description of the goods procured or the services subcontracted for;
c. The amount paid by the prime contractor under the subcontract; and
d. A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.
Section 13.5.2 If the fully executed subcontract is not provided with the quarterly
report, the prime contractor will not receive credit toward its subcontracting requirements
for that subcontract.
Section 13.6 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually
with the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide an
update on its subcontracting plan.
Section 13.7 DSLBD Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.
Section 13.8 Enforcement and Penalties for Breach of Subcontracting Plan
Section 13.8.1 A contractor shall be deemed to have breached a subcontracting plan
required by law if the contractor (i) fails to submit subcontracting plan monitoring or
compliance reports or other required subcontracting information in a reasonably timely
manner; (ii) submits a monitoring or compliance report or other required subcontracting
information containing a materially false statement; or (iii) fails to meet its subcontracting
requirements.
Section 13.8.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a contract shall be subject to the imposition of
penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.
Section 13.8. 3 If the CO determines the Contractor’s failure to be a material breach of the
contract, the CO shall have cause to terminate the contract under the default provisions in
Article 16 of the Contract.
Section 13.8.4 Neither the Design-Builder nor a Subcontractor may remove a Subcontractor
or tier-Subcontractor if such Subcontractor or tier -Subcontractor is certified as an LSDBE
company unless the Department approves of such removal, in writing. The Department may
condition its approval upon the Design-Builder developing a plan that is, in the Department’s
sole and absolute judgment, adequate to maintain the level of LSDBE participation in the
Project.
Section 13.9 Equal Employment Opportunity and Hiring of District Residents
Section 13.9.1 For contracts for services in the amount of $300,000 or more, the Design -
Builder shall comply with the First Source Employment Agreement Act of 1984, as amended,
D.C. Official Code § 2-219.01 et seq. (“First Source Act”).
Section 13.9.2 The Design -Builder shall enter into and maintain during the term of the
Contract, a First Source Employment Agreement ( Exhibit V) with the District of Columbia
Department of Employment Services (DOES), in which the Design -Builder shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the Contract
shall be the First Source Register; and (b) The first source for finding employees to fill any
vacancy occurring in all jobs covered by the Employment Agreement shall be the First Source
Register.
Section 13.9.3 If applicable, the Design-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, 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.
Section 13.10.4 The Design-Builder shall be responsible for: (i) including the provisions of
Section 9.3 in all subcontracts; (ii) collecting the information required in Section 9.3 from its
Subcontractors; and (iii) providing the information collected from its Subcontractors in the
reports required to be submitted by the Design-Builder pursuant to Section 9.3.
Section 13.10.5. Reserved.
Section 13.10.6 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 13.10.7 Apprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2-156,
(as amended, the Act) may apply to these Projects. As applicable, the Design -Builder firms
and their subcontractors selected to perform work on the Projects on a craft-by-craft basis may
be required to comply with the Act. If applicable, all terms and conditions of the D.C.
Apprenticeship Council Rules and Regulations shall be implemented, and the selected Design-
Builder firms shall be liable for any subcontractor non-compliance. Thirty-five percent (35%)
of all apprentice hours worked on the Project shall be performed by District residents.
Section 13.11 WAY TO WORK AMENDMENT ACT OF 2006
Section 13.11.1. Except as described in Section 13.1 1.9 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 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.
Section 13.11.8 The requirements of the Living Wage Act of 2006 do not apply to:
1. Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
2. Existing and future collective bargaining agreements, provided, that the future
collective bargaining agreement results in the employee being paid no less than the
established living wage;
3. Contracts for electricity, telephone, water, sewer or other services provided by a
regulated utility;
4. Contracts for services needed immediately to prevent or respond to a disaster or
imminent threat to public health or safety declared by the Mayor;
5. Contracts or other agreements that provide trainees with additional services including,
but not limited to, case management and job readiness services; provided that the
trainees do not replace employees subject to the Living Wage Act of 2006;
6. An employee under 22 years of age employed during a school vacation period, or
enrolled as a full-time student, as defined by the respective institution, who is in high
school or at an accredited institution of higher education and who works less than 25
hours per week; provided that he or she does not replace employees subject to the
Living Wage Act of 2006;
7. Tenants or retail establishments that occupy property constructed or improved by
receipt of government assistance from the District of Columbia; provided, that the
tenant or retail establishment did not receive direct government assistance from the
District;
8. Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for tax exemption pursuant to section 501(c)(3) of the Internal Revenue Code
of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);
9. Medicaid provider agreements for direct care services to Medicaid recipients, provided,
that the direct care service is not provided through a home care agency, a community
residence facility, or a group home for mentally retarded persons as those terms ar e
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.

Article 14 - LIQUIDATED DAMAGES AND DISINENTIVE FEES
Section 14.1 Delay in Submission of Deliverables.
Subject to the terms set forth in Section 3.1.1.7, if the Design-Builder fails to provide any of
the deliverables set forth in Exhibit C, the Design -Builder shall pay to the Department a
disincentive fee in the amount set forth in the Project Information section of this Agreement
for each such deliverable that is not timely submitted.

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 comp lies 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.

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 15.1.1 Upon receipt of final payment for completed design services , the Design -
Builder hereby irrevocably assigns and transfers to the Department all intellectual property
rights, including copyrights and all other proprietary rights, in and to the Instruments of Service
related to the Project. The Design-Builder shall promptly execute and deliver any documents,
including a confirmatory Intellectual Property Assignment, necessary to perfect the
Department’s ownership of such rights ; provided, however, that the Design -Builder’s failure
to provide such confirmatory documentation does not negate the Department’s full ownership
of the Instruments of Service.

Section 15.1.2 Instruments of Service shall include all Project documents, drawings, plans,
specifications, models, renderings, surveys, reports, electronic data, and any other tangible or
intangible work product prepared by the Design-Builder or its consultants for the Project.
Section 15.1.3 The Design -Builder shall provide evidence of the transfer of intellectual
property rights, including a fully executed Intellectual Property Assignment, to the Department
as a condition of final payment.
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 Contractor shall comply with the provisions of the Buy American Act (41 U.S.C.
§§ 8301–8305), including, but not limited to, the purchase of steel. To the extent that the
language in this section contradicts the language under Article 24 of The Department Standard
Contract Provisions for Construction (Exhibit J1) and Article 15 of The Department Standard
Contract Provisions for Architectural and Engineering (Exhibit J2) regarding compliance
with the Buy American Act, the language in this section should supersede.

Section 15.3.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301 –8305), and
Executive Order 10582, December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended
by Executive Order 11051, September 27, 1962 (3 CFR, 1059 —63 Comp., p. 635), the
Contractor agrees that only domestic construction material will be used by the Contractor,
subcontractors, material men and suppliers in the performance of the Agreement, exce pt
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 65 percent of the cost of all its components. For an end
product that consists wholly or predominantly of iron or steel or a combination of both,
the cost of foreign iron and steel must constitute less than 5 percent of the cost of all
the components used in the end product.
Components of foreign origin of the same class or kind as the products shall be
treated as domestic. Scrap generated, collected, and prepared for processing in the
Unites States is considered domestic.

“End Products”, as used in this Section, means those articles, materials, and
supplies to be acquired for public use under this Contract.
The Contractor 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
Unites States in sufficient and reasonably available commercial quantities of
a satisfactory quality;
3. For which the District determines that domestic preference would be
inconsistent with the public interest; or
4. For which the District determines the cost to be unreasonable.

Section 15.3.2 Domestic Construction Material. “Construction material” means any article,
material, or supply brought to the construction site for incorporation in the building or
work. An unmanufactured construction material is a “domestic construction material”
if it has been mined or produced in the United States. A manufactured construction
material is a “domestic construction material” if it has been manufactured in the United
States and if the cost of its components which have been mined, produced, or
manufactured in the United States exceeds 65 percent of the cost of all its components.
“Component” means any article, material, or supply directly incorporated in
construction material. If the construction material consists wholly or predominantly of
iron or steel, the iron or steel was produced in the United States; or, for construction
material that consists wholly or predominantly of iron or steel or a combination of both,
a construction material manufactured in the United States if the cost of foreign iron and
steel constitutes less than 5 percent of the cost of all the components used in such
construction material.

Section 15.3.3 Domestic Component. A component shall be considered to have been “mined,
produced, or manufactured in the United States” regardless of its source, in fact, if the
article, material or supply in which it is incorporated was manufactured in the United
States and the component is of a class or kind determined by the Government to be not
mined, produced or manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality.

Section 15.3.4 Foreign Material. “Foreign construction material” means a construction
material other than a domestic construction material.

Section 15.4 Davis-Bacon Act Provision and 29 CFR 5.5 Davis Bacon 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), Exhibit G1 and Title 29 Code
of Federal Regulations (“CFR”) Exhibit G2. The wage rates applicable to this Project are
attached as Exhibits G1 and G2. The Design -Builder further agrees that it and all of its
subcontractors shall comply with the regulations implementing the Davis-Bacon Act and Title
29 CFR, and such regulations are hereby incorporated by reference. At such time as the Design-
Builder is preparing its GMP, the Design-Builder shall include the current Davis-Bacon wage
rates in its GMP.
Section 15.5 The 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 requ ired payment
date shall be:

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

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

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

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

Section 15.5.2 Payments to Subcontractors

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

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

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

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

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

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

Section 15.5.3 Subcontractor Quick Payment Clause Flow-Down Requirements

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

Section 15.5.4 Requirements for Change Order Payments

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

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

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

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

Section 15.5.4.3 The Department, Design -Builder, Design-Builder Architects, or a
subcontractor are prohibited from declaring another party to the contract to be in default
or 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 a dditional
work.
Section 15.5.4.4 Authorized Changes By The Contracting Officer

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

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

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

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

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

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

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

Section 15.9 Independent Contractor. The Design -Builder and the Design -Builder’s
employees: (1) shall perform the services specified herein as independent contractors, not as
employees or agent of the District, or joint venture or partner with the District; (2) shall be
responsible for their own management and administration of the work required and bear sole
responsibility for complying with any and all technical, schedule, financial requirements or
constraints attendant to the performance of this 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 t o
inspect, accept or reject work, comply with such general direction of the CO, or the duly
authorized representative of the CO as is necessary to ensure accomplishment of the Agreement
objectives. The Design-Builder shall have exclusive authority to manage, direct, and control
the work, and shall be responsible for all means, methods, techniques, sequences, and
procedures, as well as for Project safety.

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

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

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

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

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

Xavier Beltran Anthony Fernando
Interim Chief Procurement Officer President
Department of General Services Atmos Solutions, Inc.
3924 Minnesota Avenue NE, 6th Floor 6856 Eastern Avenue, NW, Suite 205
Washington, DC 20019 Washington, DC 20012

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 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 15.15 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 15.16 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 right s and remedies will be exercised at its sole discretion, and shall not be
regarded as conferring any obligation on the Department to exercise those rights or remedies
for the benefit of the Design-Builder or any other person or entity.

Section 15.17 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 15.18 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 ab ility to unilaterally
modify the Agreement.

Section 15.19 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 15.20 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.

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 suc h 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 15.21 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 15.22 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. 23 Contracts in Excess of One Million Dollars . Any contract in excess of
$l,000,000 shall not be binding or give rise to any claim or demand against the District until
approved by the Council of the District of Columbia and signed by the Contracting Officer.

Section 15.24 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 15.24.1 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 15.24.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor
the Department nor an 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 in terested shall be void and
no payments shall be made on any such contracts by the Department; but this provision shall
not be construed or extend to the agreement if the share of or benefit to the member of, or
delegate to Congress, Mayor or City Council M ember, or employee of the District is de
minimis.

Section 15. 25 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 Desi gn-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 shall include in every subcontract a provisi on substantially
similar to this section so that such provisions shall be binding upon each Design -Builder or
vendor.

Section 15.26 Non-Discrimination in Employment Provisions.

Section 15.26.1 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 C ode §
2-1401.01 et seq.) (“Act”, as used in this clause). The Design -Builder shall include a similar
clause in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Design-Builder agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice setting
forth the provisions of this non-discrimination clause as provided in Section 251 of the Act.
b. Pursuant to Mayor’s Order 85 -85, (6/10/85), Mayor’s Order 2002 -175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of
Title 4 of the D.C. Municipal Regulations, the following clauses apply to the Contract:

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

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

3. Unless otherwise permitted by law and directed by the Department, the Design-
Builder agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Department setting
forth the provisions paragraph s 1 and 2 of Section 15. 26.1(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 forth in Section 15.26.3.
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' rep resentative of the Design -Builder’s commitments
under this Section 15.26.1, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
6. The Design-Builder agrees to permit access by the Department to all books,
records and accounts pertaining to its employment practices for purposes of
investigation to ascertain compliance with this Section 15.26.1, 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. 26.1
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 15.26.2 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, relate d 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 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 15.26.3 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 15.27 ASSIGNMENT OF CONTRACT PAYMENTS

a. Subject to this Section 15.27, 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).”

Section 15.28 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 15.29 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 Y,
pursuant to D.C. Official Code § 1-1161.01.
Section 15. 30. Equal Employment Opportunity (“EEO”)
Each Offeror shall submit an EEO policy form substantially in the form of Exhibit P.

Section 15.31 DGS Close Out Manual
Deliverables shall include those outlined in Exhibit T.

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 the provision of goods or performance of services under this contract
pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement
(NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
1. As calculated using a de minimis rate of 10% of all direct costs under this contract;
2. By negotiating a new percentage indirect cost rate with the awarding agency;
3. As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with Section
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.
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 contractor.

ARTICLE 16- TERMINATION OR SUSPENSION
Section 16.1 All terminations or suspensions arising out of or under this Agreement shall be
in accordance with the terms of the Standard Contract Provisions (Construction Contracts and
Architectural/Engineering Services Contracts).
Section 16.2 Failure to Agree Upon GMP. The Department shall have the right to terminate
this Agreement in the event that the Department and the Design -Builder are unable to agree
upon a GMP for the Project and the Department shall have the right, but not the obligation, to
assume any of the Des ign-Builder’s trade subcontracts upon such terms and conditions as
requested by the Department. The Department’s decision to terminate under this Section shall
be made in the Department’s sole and absolute judgment and shall not be subject to review by
any reviewing body, including, but not limited to, arbitrators appointed under this Agreement
or any court of competent jurisdiction.
Section 16.3 Termination for Default . The Department may terminate the Agreement for
default if the Design -Builder fails to perform any of its duties or obligations under the
Agreement. In particular, but without limitation, the Department may terminate the Agreement
if:
1. The Design-Builder fails to perform the Work diligently, in accordance with the Project
Schedule or to make such progress in the Work as the Department reasonably believes
is necessary to complete the Project within the time required by the Agreement; or
2. The Design-Builder fails to perform the Work in a good and workmanlike manner or
to correct defects in the Work promptly upon notice by the Department; or
3. The Department reasonably determines that the Design -Builder has abandoned the
Work, or has failed to pay laborers, mechanics, materialmen, Subcontractors or
suppliers when payment is due; or
4. The Design-Builder becomes insolvent, makes an assignment for the benefit of
creditors, files a voluntary petition under any chapter of the Bankruptcy Code or has an
involuntary petition filed against it under any chapter of the Bankruptcy Code, or the
Design-Builder has a receiver appointed, or files for dissolution or otherwise is
dissolved; or
5. The Design-Builder fails to pay its debts in a timely manner or becomes insolvent, the
Department reasonably determines that the Design-Builder does not have the financial
ability to carry out its obligations under the Agreement and the Design-Builder fails to
give the Department prompt and reasonable assurances of its ability to perform.
Section 16.3.1 The Department shall provide the Design -Builder with written notice of its
intent to terminate the Agreement under this Section.
Section 16.3.2 If the Department terminates the Agreement for default, the Department
will have the right to take over the Work, to accept assignment of some or all Subcontracts or
agreements with material suppliers, to take possession of the Project, to take and use all tools,
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 1 6.5 Continued Responsibility After Termination . If the Design -Builder is
terminated, for default, for Convenience or otherwise, the Design -Builder shall remain
responsible for defects or non -conformities in all Work performed to the date of the
termination.

Article 17 – OTHER CONDITIONS AND SERVICES
Section 17.1 This Agreement and the rights and obligations of the Department and Design -
Builder herein are subject to the approval of the Council of the District of Columbia.

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 as indicted in
Exhibit I, 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 GMP.

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 GMP
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
GMP 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 GMP is sought (or if the Department has requested a deduct change), the
statement should include a breakdown, by line item, of the estimated cost changes
attributable to the proposed change. The Department may request, and the Design -
Builder shall provide, further cost breakdowns, clarifications, Project documentation or
back-up if the Department reasonably believes such additional information is needed to
understand and evaluate the request. The additional information required may include
cost and pricing data in accordance with the Department’s regulations. Any requested
adjustment to the GMP shall be limited to increased Cost of the Work due to the Change
Directive. The Design -Builder is not entitled to any markup on any kind of Change
Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be
in accordance with Section 18.11.

3. If the Department has not yet directed the Design -Builder to proceed with the change
described by a Change Directive, the Department may rescind it. If the Department
wishes to proceed or has already directed the Design -Builder to proceed, the Design -
Builder shall immediately proceed with the changed Work 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 GMP that is
justified by the Change Directive. If the Department and the Design -Builder reach an
agreement, the agreement shall be set forth in a Change Order and the Design -Builder
shall also execute it, at which point it will become binding on both Parties.

4. If the Parties fail to reach an agreement within sixty (60) days after the Department
receives the Design-Builder’s detailed statement pursuant to Section 1 8.3.2, 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 GMP, 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 adjustment to the Substantial or Final
Completion Dates, or the GMP 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 GMP 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 GMP 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
GMP shall be limited in accordance with Section 18.3.

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

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

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

Section 18.7 Deductive Change Orders. The Department reserves the right to issue
deductive Change Orders (reducing the GMP or modifying the Substantial or Final Completion
Dates to an earlier date) when changes are effected, by Change Directive or otherwise, which
will decrease the cost of completing the Work or the time within which it can be completed.

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

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

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

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

1. For Work performed by a Subcontractor with its own forces, the Subcontractor shall be
entitled to a mark -up of not more than fifteen percent (15%) (covering home office
overhead, the cost of insurance and bonds, field supervision, general conditions and
profit) on the Direct Costs of the Work. For Work that the Department permits the
Design-Builder to self-perform, the Design-Builder shall also be entitled to a mark-up
of not more than fifteen percent (15%) of the Direct Cost of the Work. With regard to
any such Work that is self-performed by the Design-Builder, the markup contemplated
in this Section 1 8.11.1 shall be the Design-Builder’s exclusive compensation and it
shall not be entitled to the markup contemplated in Section 18.11.3;

2. 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;

3. 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;

4. 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 t he
level of a working foreman shall be considered a Direct Cost of the Work).

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

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

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

(d) Materials. Incorporated and unincorporated materials as permitted under
Section 9.1.
Article 19 – CLAIMS & DISPUTE RESOLUTION
Section 19.1 All claims or disputes arising out of this Agreement shall be governed by the
terms of the Standard Contract Provisions ( for Architectural and Engineering Services and
Construction Contracts).
Section 19.2 Notwithstanding any other provision of this Agreement to the contrary, neither
party including its officers, agents, servants, and employees, shall be liable to the other for lost
profits or any special, indirect, incidental, or consequential damages in any way arising out of
this Agreement however caused under a claim of any type or nature based on any theory of
liability (including, but not limited to contract, tort, or warranty) even if the possibility of such
damages has been communicated.
For the avoidance of confusion, the Parties agree that this provision does not affect the
Department’s ability to assess Liquidated Damages as set forth in Section 14. Furthermore, the
Parties agree that any acceleration costs required to complete the modernization work described
in this agreement shall not be considered consequential damages for purposes of this provision.
Article 20 - EXHIBITS
Exhibit A1
Concept Design, Schematic Design, and Design Development
Milestone Requirements
Exhibit A2 ES Educational Specifications with Appendices
Exhibit B1 Existing Building Drawings (2022)
Exhibit B2 Historic 1961 Drawings
Exhibit C Project Schedule
Exhibit D SBE Subcontracting Plan
Exhibit E Reserved
Exhibit F Key Personnel
Exhibit G1 Davis Bacon Act Wage Determination
Exhibit G2 Title 29 Code of Federal Regulations (“CFR”)
Exhibit H Design-Builder Designative Representative
Exhibit I Department Designative Representative
Exhibit J1 Standard Contract Provisions (Construction)
Exhibit J2 Standard Contract Provisions (Architecture/Engineering)
Exhibit K Release of Lien Forms
Exhibit L Form of GMP Amendment
Exhibit M Reserved
Exhibit N FF&E and Clouse Out
Exhibit O Subcontractor Evaluation Form
Exhibit P Equal Employment Opportunity (“EEO”) Policy Statement
Exhibit Q 2025 Living Wage
Exhibit R Reserved
Exhibit S National BIM Guide
Exhibit T DGS Close-Out Manual/ Turnover Protocol Manual
Exhibit U Quality Control Master Program
Exhibit V First Source Employment Agreement and Revise Employment Plan
Exhibit W Award Fee Pool
Exhibit X Schedule of Value
Exhibit Y Campaign Finance Reform Act Self-Certification Form
IN WITNESS WHEREOF, the Parties have executed this Agreement ( DCAM-25-CS-RFP-
0001) through their duly authorized representatives effective as of the last date written below.
DEPARTMENT OF GENERAL SERVICES ATMOS SOLUTIONS, INC.
an agency within the executive branch
of the Government of the District of Columbia
By: By:
Name: Name:
Title: Title:
Date: Date:
Brian Butler
COO
11/24/25
Exhibit A1
Concept Design, Schematic Design and Design Development Requirements

Concept Design, Schematic Design, Design Development Milestone Requirements, as
referenced per Section 2
Concept Design Deliverables. The Design-Builder shall be required to deliver the
following as part of the Concept Design submission to the Department:
CONCEPT DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Historic resources survey and Historic Planning Office coordination for Archeology
Requirements.
A minimum of three (3) conceptual floor plans and site plans incorporating the
requirements of the Educational Specifications and site plan showing proposed
location of any building additions.
Hazardous materials survey of affected spaces. It is understood that the Design-
Builder and/or its design component shall be required to engage the services of
industrial hygienist that is acceptable to the Department to perform such survey.
Education specifications update and verification; and an overall Plan-to- Program
comparison.
Summary of agency review meetings as needed, including but not limited to: Office
, Department of
Energy and Environment (DOEE) District Department of Transportation ,
Department of Buildings
Zoning Analysis.
Cost Estimate for each concept option with Subcontractor input on major trades.
Value Engineering analysis and detailed recommendation for Project savings
(even if the Project is not over budget).
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building and a preliminary energy model.

Quality Control Plan. Initial plan, at a minimum, should include introduction to the
design-build team along with org. chart showing hierarchal arrangement and
duties/responsibilities, a focus on the design phase QC efforts detailing ongoing,
regular inter disciplinary coordination, and affirmation of DGS QC Master Program.
Existing conditions civil survey.
Floodproofing Approach Narrative
Schematic Design Deliverables. The Design-Builder shall be required to undertake the
following tasks during this phase:
a. Further develop plans and incorporate design changes.
b. Prepare necessary presentation materials (renderings) to communicate design and obtain
approval of design direction.
c. Participate in meetings with DCPS Staff.
d. Conduct DOEE, DOB, DDOT and DC Water Preliminary Design Review meetings as
needed.
e. Engage in no fewer than three (3) community feedback sessions during this phase.
f. Coordination and of identification of Public Art locations that will be constructed and
installed as part of the construction phases.
g. Continued coordination with Public Utility Companies: PEPCO and Washington Gas, as
well as Verizon, should be conducted this shall include submitted load letters for new or
upgraded services.
h. Continued coordination with HPO and CFA.
i. Report and schedule the process for obtaining any zoning approvals, if necessary.
j. Identification of long lead materials and creation of bid packages to allow early release of
materials if required by the Project Schedule.
k. The schematic design submittal shall generally follow the deliverables:
The Design Builder shall be required to deliver the following as part of the Schematic Design
submission to the Department:
SCHEMATIC DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Digital site and floor plans (including adjacencies, room locations, site planning,
stormwater management);
Preliminary building elevations and sections;
Preliminary selection of building materials;
Conceptual renderings produced for approval of design direction;
Plan-to-Program comparison;
Preliminary LEED Scorecards (if required);
Design narrative;
A preliminary description of proposed building system upgrades (i.e. HVAC, roofs,
windows, kitchen equipment, low voltage/IT/AV etc.). With regard to any proposed
building system upgrade, the package shall include a narrative description of the
proposed system and an estimated line item cost;
Cost estimate with Subcontractor input on major trades;
Project savings (even if the project is not over budget);
Preliminary furniture design;
3D rendering images as needed, include (4) four at a minimum;
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building and an energy model evaluation;
Quality Control Plan. Expanded plan reflecting design decisions that have been made
and establishing of document control, change tracking and management procedures.
Include summary of potential public space improvements per DDOT public space
standards or as needed for each concept.
Summary of agency review meetings as needed, including but not limited to: Office of
Department of
Energy and Environment (DOEE) District Department of Transportation, Department
of Buildings
Updated Floodproofing Approach Narrative
Design Development Deliverables. The Design-Builder shall be required to undertake the
following tasks during this phase:
a. Detailed and dimensioned plans, wall sections, building section, and schedules;
b. Draft specifications for materials, systems, equipment;
c. Complete code compliance analysis and drawing;
d. Space-by-space equipment layouts for key spaces. As part of the design development
phase, the Design-Builder and/or the Design-
shall confer with representatives from DCPS and the Department regarding these layouts
to confirm that they are acceptable to DCPS;
e. A final lay-out for FF&E;
f. An interior finishes schedule;
g. Preliminary designs for all building system upgrades, including low voltage/AV/IT. With
regard to HVAC systems, the submission should include: (i) a detailed description of the
-
would also include preliminary layouts of other major components of the HVAC system,
including the type and location of energy recovery units (ERUs), variable air volume
h. Updated LEED scorecard;
i. Present the design to CFA,OP, HPO, and other regulatory agencies as required;
j.
certification and pay all registration fees;
k. Register the Project with ILFI or U.S. Green Buildings for Net Zero Certification
l. Register the Project with
Certification
m. Participate in SIT Meetings, and community meetings as required by DGS/DCPS;
n. Coordinate with the DC HPO and other agencies, commissions, groups, etc. as required to
assess and determine historic and/or archeological significance and requirements. Attend
meetings and hearings if necessary;
o. Respond in writing to all DCPS comments on plans;
p. Prepare a presentation and provide a minimum of three (3) presentation boards for each
community meeting and present/display onsite. Presentation boards shall be in full color
and include at least four (4) 3-D renderings; Presentations shall also include a digital slide
presentation;
q. Coordinate final utility plans as required;
r. Act as scribe for all design-related meetings. Distribute meeting minutes to all attendees;
s. Baseline Schedule bi-weekly update in the format set forth in the RFP; and
t. Prepare and submit one (1) electronic copy in PDF of Design Development Documents
including detailed specifications, Cost Estimate and schedule to the District staff for review
and approval (60% plan review). Components to include, but are not limited to:
The Design Builder shall be required to deliver the following as part of the Schematic Design
submission to the Department:
DESIGN DEVELOPMNET DELIVERABLES: Use this checklist as a
coversheet for the submission from the Design-Builder
Site plans, paving layouts, traffic circulation, lighting, signage and utilities
Floor plans, Structural, Civil, Architectural, MEP, Fire Protection and landscaping
Exterior elevations, rendering and color palette
Building sections and façade details
Interior elevations, casework and millwork elevations as required
Playground equipment, if applicable
Stormwater management
Food service or other equipment as required
LEED Information as appropriate
Cost Estimate
Value Engineering Analysis and Detailed Recommendation for project savings (even
if the Project is not over budget)
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building.
Quality Control Plan. Plan should be customized to the project and meet the
requirements stipulated in Section 2.8. Project specific information must be
included to produce testing & inspection log, definable features of work [DFOW]
tracker, mock-up and submittal schedules. Appendices should include
forms/templates proposed for use [ex. wall-ceiling close-in] by GC to ensure
conforming construction.
Maintenance and Operations Plan
Submittal Registry
Final design and specifications, with minimum of two options for basis-of-design
for each, of the FF&E for GMP pricing
Calculation of embodied carbon emitted from the production, transportation, and
installation of main structural materials including concrete, masonry, and structural
steel
As part of the Design Development submission the Design-Builder shall submit a Maintenance
and Operations Plan, which, at a minimum, shall include the following:
i. Standard Operating Procedures (SOP) for all building systems, including, but not limited
to, electrical, mechanical, roof, green roof, geothermal, solar, plumbing, security, outdoor
fields, irrigation, landscaping and lighting;
ii. List of equipment that must be kept on-site to maintain all building systems;
iii. List of chemicals that must be kept on-site to maintain all building systems, including
storage requirements;
iv. Certifications and licenses either required or recommended to maintain all building
systems;
v. Confined space procedures and personal protective equipment that must be used;
vi. Permits and regular inspections that are required to operate the equipment;
vii. List of hardware, software and software licenses that must be purchased and maintained;
viii. Recurring trainings on building systems and safety that are necessary to maintain the
building; and
ix. The estimated initial and monthly costs for the successful maintenance and operations of
the facility.
Exhibit A2
Elementary School Educational Specifications with Appendices
C
C
PSD
ELEMENTARY SCHOOL
PROTOTYPE PROGRAM
EDUCATIONAL SPECIFICATIONS
ICCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCATTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTIIIIIIIIIIIIIIIIIIIIIIIIIIIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOON
September 2021

2
TABLE OF CONTENTS

3
ACADEMIC CORE AREA
E-ACA Space Program 8
E-ACA Adjacency Diagram 11
E-ACA-1A PK-3 / PK-4 / Kindergarten /
1st Grade Classroom
12
E-ACA-1B PK-3 / PK-4 /Kindergarten /
1st Grade Classroom Storage
16
E-ACA-3 PK-3 / PK-4 / Kindergarten /
1st Grade Restroom
18
E-ACA-5 Outdoor Storage - Early
Childhood
20
E-ACA-6 Grades 2-5 Classroom 22
E-ACA-7 Specials Lab 26
E-ACA-8 Discovery Commons Activity
Area
28
E-ACA-9 Resource / Small Group
Room
30
E-ACA-10 Self-Contained Classroom
Grades 3-5
32
E-ACA-10A Self-Contained Classroom
PK-3 / PK-4 / Kindergarten /
1st / 2nd Grade
36
E-ACA-10B Self-Contained Classroom
PK-3 / PK-4 / Kindergarten /
1st / 2nd Grade Restroom
40
E-ACA-10C Self-Contained Classroom
PK-3 / PK-4 / Kindergarten /
1st / 2nd Grade Storage
42
E-ACA-10D Self-Contained Classroom
Grade 3-5 Storage
44
E-ACA-11 OT / PT Room 46
E-ACA-12 Speech / OT / PT Storage 48
E-ACA-13 Independent Area 50
E-ACA-14 Special Education
Coordinator Office
52
E-ACA-15 Teacher Collaboration Room 54
E-ACA-16A Leveled Reading Storage
Room
56
E-ACA-16B Technology Storage 58
E-ACA-17 Outdoor Classroom 60
E-ACA-18 Garden 62
E-ACA-19 Speech Room 64
E-ACA-20 Specials Office / Storage 66
E-ACA-21 Sensory Room 68
LIBRARY
E-LIB Space Program 72
E-LIB Adjacency Diagram 73
E-LIB-1 Reading / Learning /
Circulation Room
74
E-LIB-2 Makerspace 78
E-LIB-3 Small Group Room 80
E-LIB-4 Combined Office / Workroom 82
E-LIB-6 Conference Room 84
VISUAL ARTS
E-VA Space Program 88
E-VA Adjacency Diagram 89
E-VA-1 Art Lab 90
E-VA-2 Kiln Room 92
E-VA-3 Art Storage 94
PERFORMING ARTS
E-PA Space Program 98
E-PA Adjacency Diagram 99
E-PA-1 General Music Room 100
E-PA-2 General Music Storage 104
E-PA-3 Stage 106
PHYSICAL EDUCATION
E-PE Space Program 110
E-PE Adjacency Diagram 111
TABLE OF CONTENTS

4
TABLE OF CONTENTS (continued)
E-SD-8 Freezer / Cooler 194
E-SD-9 Ware Washing 196
E-SD-10 Cleaning Storage 198
E-SD-11 Food Service Office 200
E-SD-12 Toilet / Lockers 202
BUILDING SERVICES
E-BS Space Program 206
E-BS Adjacency Diagram 207
E-BS-1 Supply Storage 208
E-BS-2 Toilet / Shower / Locker
Room
210
E-BS-3 Custodial Office 212
E-BS-4 Multi-User Restroom 214
E-BS-5 Custodial Closet 216
E-BS-6 Electrical Closet 218
E-BS-7 MDF Room 220
E-BS-7A IDF Room 222
E-BS-8 Corridors 224
E-BS-9 Mechanical / Electrical
Space / Decks
226
E-BS-10 Custodial Equipment Storage 228
E-BS-11 Central Storage Area 230
E-PE-1 Gymnasium 112
E-PE-3 Office 114
E-PE-4 Storage 116
E-PE-5 Chair Storage 118
E-PE-6 Bicycle Storage 120
E-PE-7 Outdoor P .E. Storage 122
E-PE-8 Playgrounds 124
ADMINISTRATIVE SPACES
E-AD Space Program 128
E-AD Adjacency Diagram 129
E-AD-1 Entrance Lobby 130
E-AD-2 Welcome Center 132
E-AD-3 Security Office 134
E-AD-4 Conference Room 136
E-AD-5 Principal's Office 138
E-AD-6 Administrative Office 140
E-AD-7 Administrative Workroom 142
E-AD-8 Records Room 144
E-AD-9 Parent Resource Center 146
E-AD-10 Counselor’s Office 148
E-AD-11 Student Services 150
E-AD-12 Student Services Conference 152
E-AD-13 After School Program Office 154
E-AD-14 Staff Lounge 156
E-AD-15 Wellness / Lactation Room 158
E-AD-16 Restoration Room 160
HEALTH SERVICES
E-HS Space Program 164
E-HS Adjacency Diagram 165
E-HS-1 Waiting Area 166
E-HS-2 Treatment Area 168
E-HS-3 Cots 170
E-HS-4 Office 172
E-HS-5 Storage 174
E-HS-6 Toilet With Shower 176
STUDENT DINING
E-SD Space Program 180
E-SD Adjacency Diagram 181
E-SD-1 Student Dining Area 182
E-SD-4 Chair / Table Storage 186
E-SD-5 Kitchen / Food Preparation 188
E-SD-6 Serving Area 190
E-SD-7 Dry Food Storage 192
5
E-BS-12 Receiving Area 232
E-BS-13 Single-User Restroom 234
E-BS-14 Family Restroom 236
E-BS-15 Laundry Room 238
E-BS-16 Staff Locker / Restroom
Suite
240
E-BS-17 Attic Stock Storage Room 242
E-BS-18 Building Manager Office 244
TABLE OF CONTENTS (continued)

EDUCATIONAL SPECIFICATIONS
ELEMENTARY SCHOOL
PROTOTYPE PROGRAM
CD PS

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6
PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM
PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM STORAGE
PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE RESTROOM
OUTDOOR STORAGE - EARLY CHILDHOOD
GRADES 2-5 CLASSROOM
GENERAL GRADES 2-5 CLASSROOM STORAGE
SPECIALS LAB
DISCOVERY COMMONS ACTIVITY AREA
RESOURCE / SMALL GROUP ROOM
SELF-CONTAINED CLASSROOM PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE
SELF-CONTAINED CLASSROOM PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE RESTROOM
SELF-CONTAINED CLASSROOM PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE STORAGE
SELF-CONTAINED CLASSROOM GRADES 3-5
SELF-CONTAINED CLASSROOM GRADES 3-5 STORAGE
OT / PT ROOM
SPEECH / OT / PT STORAGE
INDEPENDENT AREA
SPECIAL EDUCATION COORDINATOR OFFICE
TEACHER COLLABORATION ROOM
LEVELED READING STORAGE ROOM
TECHNOLOGY STORAGE
OUTDOOR CLASSROOM
SPEECH ROOM
SPECIALS OFFICE / STORAGE
SENSORY ROOM
GARDEN
E-ACA /// ACADEMIC CORE AREA
7
PK-3 / PK-4 / Kindergarten
/ 1st Grade Classroom
PK-3 / PK-4 / Kindergarten
/ 1st Grade Classroom Storage
PK-3 / PK-4 / Kindergarten
/ 1st Grade Restroom
Outdoor Storage-Early Childhood
Grades 2-5 Classroom
Specials Lab
Discovery Commons Activity Area
Resource / Small Group Room
Self-Contained Classroom PK-3 /
PK-4 / Kindergarten / 1st / 2nd
Grade
Self-Contained PK-3 / PK-4 /
Kindergarten / 1st / 2nd Grade
Restroom
Self-Contained PK-3 / PK-4 /
Kindergarten / 1st / 2nd Grade
Storage
Self-Contained Classroom
Grades 3-5
Self-Contained Classroom
Grades 3-5 Storage
OT / PT Room
Speech / OT / PT Storage
Independent Area*
Special Education Coordinator Office
Teacher Collaboration Room
Leveled Reading Storage Room
SPACE QTY QTY QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
ACADEMIC CORE AREA
7
7
7
1
8
1
1
3
1
1
1
1
1
2
2
1
3
3
1
9
9
9
1
8
1
1
4
1
1
1
1
1
2
2
1
3
4
1
10
10
10
1
12
1
1
4
1
1
1
1
1
2
2
1
3
4
1
13
13
13
1
16
1
1
7
2
2
2
1
1
2
3
1
3
5
1
1,025
100
120
200
900
1,000
1,625
360
1,025
120
100
900
100
450
150
75
150
300
300
1,025
100
120
200
900
1,000
2,000
360
1,025
120
100
900
100
450
150
75
150
300
300
1,025
100
150
200
900
1,000
2,500
360
1,025
120
100
900
100
450
150
75
150
300
300
1,025
100
120
200
900
1,000
3,500
360
1,025
120
100
900
100
450
150
75
150
300
300
7,175
700
840
200
7,200
1,000
1,625
1,080
1,025
120
100
900
100
900
300
75
450
900
300
9,225
900
1,080
200
7,200
1,000
2,000
1,440
1,025
120
100
900
100
900
300
75
450
1,200
300
10,250
1000
1,200
200
10,800
1,000
2,500
1,440
1,025
120
100
900
100
900
300
75
450
1,200
300
13,325
1,300
1,560
200
14,400
1,000
3,500
2,520
2,050
240
200
900
100
900
450
75
450
1,500
300
8
Comments //
*Independent Areas must be provided for certain Special Education programs. If these Special Education programs are not offered at a particular school, these
areas are not required. The determination to include or exclude these programs will be made during the site-specific Ed Spec process.
**This space is optional. The inclusion of this space will be determined during the site-specific Ed Spec process and approved by DCPS.
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square footage
requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are:
325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
SPACE QTY QTY QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
ACADEMIC CORE AREA
Technology Storage
Outdoor Classroom
Speech Room
Specials Office/Storage
Sensory Room
Garden**
TOTAL
--
1
1
1
1
--
--
900
150
250
450
--
--
900
150
250
450
--
26,740
--
1
1
1
1
--
--
900
150
250
450
--
--
900
150
250
450
--
30,265
--
1
2
1
1
--
--
900
150
250
450
--
--
900
300
250
450
--
35,760
--
1
2
3
1
--
--
900
150
250
450
--
---
900
300
250
450
--
46,870
9
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10
SELF-CONTAINED
CLASSROOM
PK-3/PK-4/
KINDERGARTEN/
1ST GRADE/2ND GRADE
CLASSROOM
SPECIALS LAB
SELF-CONTAINED
CLASSROOM
GRADES 3-5
RESTROOM
RESTROOM RESTROOM
GRADES 2-5
CLASSROOM
PK-3/PK-4/
KINDERGARTEN/
1ST GRADE
CLASSROOM
PK-3/PK-4/
KINDERGARTEN/
1ST GRADE
CLASSROOM
PRE-S/PRE-K/
KINDERGARTEN/
1ST GRADE
CLASSROOM
PRE-S/PRE-K/
KINDERGARTEN/
1ST GRADE
CLASSROOM
DISCOVERY
COMMONS
ACTIVITY AREA
RESOURCE/
SMALL GROUP
GARDEN
ACCESSIBLE TO
COMMUNITY
ADMIN/TEACHER
PROGRAM
MAIN CIRCULATION
MAIN CIRCULATION
KEY ///
direct access
linked space
enclosed space
open space
INDEP .
AREA
OUTDOOR
CLASSROOM
TEACHER COLLAB
ROOM
SPECIAL
EDUCATION COORD
SPECIAL OFFICES
STORAGE
LAPTOP CART
STORAGE
SPEECH
OT/PT
SENSORY
ACADEMIC CORE AREA ADJACENCY DIAGRAM
This layout suggests programmatic adjacencies. Final
locations to be determined.
11
F103F91
F2
F2
F3
F3
L7
F9
F91
L3
L94
F7
F6
L1 L2
L97 L63 F4F8 F5
L5
L4
L96L75
STORAGE TOILET
L223
L6
F1F3
EXTERIOR
CORRIDOR
F89
F120
L4 L220
12
E-ACA-1A /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM
size
1,025 SF
capacity/users
16-20 PK-3/PK-4 students
22-26 Kindergarten/Grade 1 students
2 teachers
parents/aides/staff members
ancillary spaces
pk-3 / pk-4 / kindergarten / 1st grade
restroom
pk-3 / pk-4 / kindergarten / 1st grade
classroom storage
spatial relationships
access to outside if possible
group classrooms for potential teaming
designate area for cot storage (stacked)
locate coat cubbies near door
locate at first floor for emergency
evacuations if possible
centers in the classroom may include:
housekeeping
blocks
library / books
writing table
art
sand and water tables
goals
to support pro-social interaction and build
community
- toys & games
- music & movement
- art
- technology
calming corner: self regulatory
e.g. meditation, mindful breathing,
art, journaling, kinesthetics, sound
therapy
environmental considerations
windows to provide natural light
adequate ventilation
electrical outlets for equipment
environmental sound control
uniform and controllable lighting
proportion classroom for effective
viewing and listening from all areas of
the classroom
window treatment: sunscreen shade cloth
full lite and sidelights in door for visual
access and security purposes
to foster self-regulation, independence,
and responsibility
to help children develop positive concepts
about themselves and their capabilities
to encourage and develop independent
thinking, creativity, critical thinking and
problem solving
to develop language as a tool of learning
and as a means of communication
to provide and develop fundamental
academic, social, emotional, physical,
and thinking skills through active
engagement with the environment
calming corner: to help a student de-
escalate when beginning to emotionally
escalate in a designated space while
being supervised
activities
whole group activities
small group activities
one-on-one instruction
meals
cooperative learning / play (centers)
centers:
- blocks
- literacy/library
- dramatic play
- science/discovery
- sand & water (sensory)
E-ACA-1A /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM
LIGHT-FILLED, WELCOMING, WHIMSICAL, IMAGINATIVE, INQUISITIVE
13
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (12-24
LF above and below sinks, lockable)
F2 student cubbies (12”W x 13”D
x 26”H plus 7”H upper cubby, 20
for PK-3/PK-4, 28-30 for
Kindergarten/Grade 1)
F3 wall shelving (30”-36” height, lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F8 wall-mounted interactive electronic
presentation device
F9 classroom sink with bubbler, (2) sinks at
different heights (24” at PK-3/PK-4, 34”
countertop)
F89 data drop*
F103 floor drain
F120 floating shelves
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings (PK-3/PK-4/
Kindergarten/Grade 1):
considerations: writable surfaces, flexibility
in seating (3 different types) to encourage
student choice
L1 stackable/nesting chairs (20 for PK-3/PK-4,
26 for Kindergarten/Grade 1)
L2 stackable/nesting tables (4-5)
L3 teacher work surface with mobile
storage and two chairs (1 task chair, 1
armless task chair)
L4 soft seating (5)
L5 four drawer lateral file cabinet with lateral
dividers
L6 mobile shelving (various)
L7 teacher’s lockable wardrobe (18”x18”)
L16 bound group rug
L63 resource media cart
L75 kidney table
L94 flat storage
L96 kidney table stool (5)
L97 bookcase (25 LF)
L220 small rug (4’x4’)
see DGS Waste Guidelines for waste bin
sizing and quantities
loose furnishings (PK-3/PK-4/
Kindergarten):
L212 storage unit (5)
L213 listening center
L214 easel (2)
L215 book organizer
L216 kitchen set
L217 table and chair set
L218 manipulative storage boxes (2)
L219 chair cubes (1 set of 4)
L221 resting mats/cots (25, NIC)
L222 small storage box (1 set of 20)
L223 sensory table
L224 dramatic play center
loose furnishings (Grade 1)
L214 easel
L215 book organizer
14
E-ACA-1A /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM
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15
F91
L94
16
E-ACA-1B /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM STORAGE
E-ACA-1B /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE CLASSROOM STORAGE
size
100 SF
capacity/users
1-2 staff members
ancillary spaces
pk-3 / pk-4 / kindergarten / 1st grade
classroom
spatial relationships
n/a
goals
to provide storage space for early learning
classroom supplies
activities
storage of materials and supplies
environmental considerations
uniform and controllable lighting
electrical outlets for equipment
LEGEND ///
fixed furnishings
F91 storage shelving (24” deep)
loose furnishings
L94 flat storage
L221 resting mats/cots (25, NIC)
17
F51
F14
F19
F102
F7
F6
F30
F103 F120
F18
F74
18
E-ACA-3 /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE RESTROOM
E-ACA-3 /// PK-3 / PK-4 / KINDERGARTEN / 1ST GRADE RESTROOM
size
120 SF
capacity/users
2 students
ancillary spaces
pK-3 / pK-4 / kindergarten / 1st grade
classroom
spatial relationships
n/a
goals
to provide age appropriate space for personal
and health needs
activities
private health needs
environmental considerations
opportunities for learning (sensory play,
water, etc.)
environmental sound control
uniform and controllable lighting
natural daylight
natural finishes
dutch doors at entry to enable supervision
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F30 bathroom sink
F51 toilet partitions
F74 coat hook - bathroom accessory
F102 toilet
F103 floor drain
F120 floating shelves
provide age appropriate sizing
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
WELCOMING, COMFORTABLE, FUN
19

E-ACA-5 /// OUTDOOR STORAGE - EARLY CHILDHOOD
F3
EXTERIOR
INTERIOR
20
size
200 SF
capacity/users
2 staff members
ancillary spaces
n/a
spatial relationships
direct access to outdoors
near early childhood classrooms
direct access to interior corridor
goal
to provide storage for outdoor play equipment
and supplies
activities
storage of portable outdoor play equipment
environmental considerations
uniform and controllable lighting
proper ventilation as necessary
LEGEND ///
fixed furnishings
F3 wall shelving (10’-16’ total - 84” high, 12”,
24”, or 30” deep)
loose furnishings
n/a
E-ACA-5 /// OUTDOOR STORAGE - EARLY CHILDHOOD
21
E-ACA-6 /// GRADES 2 - 5 CLASSROOM
L7L94L11
L1 L10
F7
F1
F4
F8
F3F2
CORRIDOR
L6
F5
F4L3L5
F6
L16
L75L96
F9
F89 L63
L101
L21
L220
L4
L4
22
size
900 SF
capacity/users
26 students
2 teachers/staff members
guest speakers/volunteers
ancillary spaces
n/a
spatial relationships
group classrooms to encourage collaboration
this space addresses individual student
needs, interests, and learning styles
cubbies near door located near bathrooms
two teaching/learning walls with student
height marker boards and technology
infrastructure
goal
a flexible and adaptable space designed
as a learning centered environment
that accommodates any of the core
academic disciplines and supports
frequent reconfiguration.
calming corner: to help a student de-escalate
when beginning to emotionally escalate in
a designated space while being supervised
activities
large group instruction
small group instruction and group work
one-on-one instruction
calming corner: self regulatory e.g.
meditation, mindful breathing, art,
journaling, kinesthetics, sound
therapy
individualized and differentiated work
computer instruction
team teaching
oral presentations
testing
environmental considerations
windows to provide natural light
adequate ventilation
electrical outlets for equipment
environmental sound control
uniform and controllable lighting
proportion classroom for effective viewing and
listening from all areas of the classroom
window treatment: sunscreen shade cloth
lite in door for visual access and security
purposes
docking location and electrical outlets for
laptop charging cart
E-ACA-6 /// GRADES 2 - 5 CLASSROOM
LIGHT-FILLED, WELCOMING, CALMING, VIBRANT, INQUISITIVE
23
loose furnishings
L1 stackable/nesting chairs (26)
L3 teacher work surface with mobile storage
and two chairs (1 task chair, 1 armless
task chair)
L4 soft seating (5)
L5 four drawer lateral file cabinet with
lateral dividers
L6 mobile shelving (various)
L7 teachers lockable wardrobe (18”x18”)
L10 student desks (26)
L11 adjustable height bookshelves
L16 bound group rug (1)
L21 student worktable (2)
L63 resource media cart
L75 kidney table
L94 flat storage
L96 kidney table stool (5)
L101 laptop charging cart (NIC)
L220 small rug (4’x4’)
see DGS Waste Guidelines for waste bin
sizing and quantities
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (12-24
LF, above and below sinks, lockable)
F2 student cubbies (28-30, 12”W x 13”D
x 26”H plus 7” upper cubby, can double
stack as long as they
remain at student height)
F3 wall shelving (30”-36” height, lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F8 wall-mounted interactive electronic
presentation device
F9 classroom sink with bubbler
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
E-ACA-6 /// GRADES 2 - 5 CLASSROOM
24
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25
E-ACA-7 /// SPECIALS LAB
CORRIDOR
ABOVE
F8
F62
F4 F5
L1
L11
L3
L5
L63
L62
F1
F1
F3
F3
F9
F5
F89
26
size
1,000 SF
capacity/users
30 students
2 teachers/staff members
guest speakers/volunteers
ancillary spaces
n/a
spatial relationships
near academic core classrooms
near main corridor
near media center
near workroom/teacher office
adjacent to centralized storage
goals
to provide an instructional space located in
an academic area
activities
direct instruction
research
student and class projects
student display
teleconferencing
dry science
use of home chemicals
discovery
inquiry
project based learning
environmental considerations
windows to provide natural light
adequate ventilation
environmental sound control
uniform and controllable lighting
proportion classroom for effective viewing and
listening from all areas of the classroom
window treatment: sunscreen shade cloth
lite in door for visual access and security
purposes
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (20-32 LF
of base cabinets, 30” wall cabinets above
all base cabinets, lockable)
F3 wall shelving (lockable)
F4 magnetic marker board (on 2 walls, 6 LF
minimum each)
F5 tackable wall surface (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F9 classroom sink with bubbler (4)
F62 sound enhancement system
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
loose furnishings
L1 stackable/nesting chairs (height
adjustable)
L3 teacher work surface with mobile
storage and two chairs (1 task chair, 1
stackable)
L5 four drawer lateral file cabinet with
lateral dividers
L11 adjustable height bookshelves
L62 two person height adjustable tables
(2-4)
L63 resource media cart
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-7 /// SPECIALS LAB
INSPIRING, FLEXIBLE, FRESH, INQUISITIVE, DYNAMIC
27

E-ACA-8 /// DISCOVERY COMMONS ACTIVITY AREA
CORRIDOR
CLASSROOM CLASSROOM
CLASSROOM CLASSROOM
F5 F8F1.1
F4
L13
L1
L18L49
F3
F89
L4
28
size
1,625 SF
capacity/users
varies
ancillary spaces
n/a
spatial relationships
integrated into circulation
distributed throughout building
goal
to provide flexible, shared learning
support space for various group sizes,
activities, and breakout space
activities
collaborative learning centers
story telling
team activities
individual activities
small presentation/performance space
environmental considerations
uniform and controllable lighting
environmental sound control
coordinate commons finishes and loose
furnishings with corridors
coordinate plumbing/HVAC/electrical/
technology needs with building’s overall
technology plan
ensure visual sight lines are maintained from
adjacent areas
LEGEND ///
fixed furnishings
TBD - based on age and school preference,
may include:
F1.1 casework (countertops)
F3 wall shelving (lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F8 wall mounted interactive electronic
presentation device (optional)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
mixture of the following to support multiple
learning activities in multiple learning
configurations:
L1 stackable/nesting chairs
L4 soft seating
L13 small tables
L18 lounge chairs
L49 mobile marker board
consider furnishings to support variety of
learning modalities (tiered seating, etc.)
provide various seating and table height
options to encourage student choice
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-8 /// DISCOVERY COMMONS ACTIVITY AREA
INSPIRING, COMMUNITY-BUILDING, UNIQUE, DYNAMIC, INNOVATIVE
29

E-ACA-9 /// RESOURCE / SMALL GROUP ROOM
F8
F5
L3
L5
L7 L8 L11
L1 L10
L63
F4
F1
F89
30
size
360 SF
capacity/users
8-10 students
2 staff members
ancillary spaces
n/a
spatial relationships
located within academic core areas
goal
provide a flexible space to accommodate
a variety of individualized and
specialized instruction for a variety of
academic disciplines
activities
small group work
independent instruction and work
reading, math, speech, etc.
one-on-one instruction
environmental considerations
windows to provide natural light
adequate ventilation
electrical outlets for equipment
environmental sound control
uniform and controllable lighting
proportion classroom for effective viewing
and listening from all areas of the
classroom
window treatment: sunscreen shade cloth
lite in door for visual access and security
purposes
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving
(lockable) 8 LF minimum
F4 magnetic marker board (on 2 walls, 6 LF
minimum each)
F5 tackable wall surface (6 LF minimum)
F8 wall-mounted interactive electronic
presentation device
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
loose furnishings
L1 stackable/nesting chairs (8-10)
L3 teacher work surface with mobile
storage and two chairs (1 stackable chair,
1 task chair)
L5 four drawer lateral file cabinet with
lateral dividers
L7 teacher’s lockable wardrobe (18”X18”)
L8 tall cabinet with shelves
L10 student desks (8-10)
L11 adjustable height bookshelves
L63 resource media cart
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-9 /// RESOURCE / SMALL GROUP ROOM
TRANSPARENT, COLLABORATIVE, HUDDLE
31

E-ACA-10 /// SELF-CONTAINED CLASSROOM GRADES 3-5
F2 F3
F9
F7
F4F5 F8
F1
F6
CORRIDOR
ABOVE
L63
F89
L220
L1 L10
L16
L21
L4
L75L96
L3 L5
L7
L11
STORAGE
L94 L101
F91
32
size
900 SF
capacity/users
2 staff members
12 students
ancillary spaces
self-contained classroom grades 3-5 storage
spatial relationships
near bus drop-off
elevator access
locate at first floor for emergency access
located and integrated within the academic
core area
goal
provide an appropriate learning environment
for students who have physical, emotional,
or educational needs requiring a self-
contained space for part or all of the day
calming corner: to help a student de-
escalate when beginning to emotionally
escalate in a designated space while
being supervised
activities
small group instruction and group work
independent work
individual instruction
environmental considerations
environmental sound control
uniform and controllable lighting
electrical outlets for equipment
adequate ventilation
proportion classroom for effective viewing
and listening from all areas of the classroom
windows to provide natural light
window treatment: sunscreen shade cloth
lite in door for visual access and security
purposes
for MES classrooms, review
programmatic requirements with
DCPS
E-ACA-10 /// SELF-CONTAINED CLASSROOM GRADES 3-5
LIGHT-FILLED, WELCOMING, CALMING, VIBRANT, INQUISITIVE
33
LEGEND ///
fixed furnishings
F1 base/wall caibinets and shelving (12-24
LF, above and below sinks, lockable)
F2 student cubbies (28-30, 12”W x 13”D
x 26”H)
F3 wall shelving (30”-36” height, lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF
minimum)
F6 soap dispenser
F7 towel dispenser
F8 wall-mounted interactive electronic
presentation device
F9 classroom sink with bubbler
F89 data drop
F91 storage shelving (24” deep)
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (14)
L3 teacher work surface with mobile storage
and two chairs (1 stackable chair, 1 task
chair)
L4 soft seating
L5 four drawer lateral file cabinet with lateral
dividers
L6 mobile shelving (various)
L7 teachers lockable wardrobe (18”x18”)
L10 student desks (14)
L11 adjustable height bookshelves
L16 bound group rug
L63 resource media cart
L75 kidney table
L76 filing cabinet with lateral file dividers
L94 flat storage
L96 kidney table stools (5)
L101 laptop charging cart (NIC)
L220 small rug (4’x4’)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-10 /// SELF-CONTAINED CLASSROOM GRADES 3-5
34
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35
E-ACA-10A /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE
F103F91
F2
F2
F3
F3
L7
F9
F91
L3
L94
F7
F6
L1 L2
L97 L63 F4F8 F5
L5
L4
L96L75
STORAGE TOILET
L223
L6
F1F3
EXTERIOR
CORRIDOR
F89
F120
L220L4
36
size
1,025 SF
capacity/users
12 students
2 staff members
ancillary spaces
self-contained pk-3 / pk-4 / kindergarten /
1st / 2nd grade restroom
self-contained pk-3 / pk-4 / kindergarten /
1st / 2nd grade storage
spatial relationships
near bus drop off
elevator access
toilet access (CIC-clean intermittent
catheterization, with shower)
locate at first floor for emergency access
located and integrated within the academic
core area
goals
to support pro-social interaction and build
community
to foster self-regulation, independence,
and responsibility
to help children develop positive concepts
about themselves and their capabilities
to encourage and develop independent
thinking, creativity, critical thinking and
problem solving
to develop language as a tool of learning
environmental considerations
environmental sound control
uniform and controllable lighting
electrical outlets for equipment
general room exhaust (rest room only)
adequate ventilation
proportion classroom for effective viewing and
listening from all areas of the classroom
windows to provide natural light
window treatment: sunscreen shade cloth
full lite and sidelights in the door for visual
access and security
for MES classrooms, review
programmatic requirements with
DCPS
and as a means of communication
to provide and develop fundamental
academic, social, emotional, physical,
and thinking skills through active
engagement with the environment
calming corner: to help a student de-
escalate when beginning to emotionally
escalate in a designated space while
being supervised
activities
whole group activities
small group activities
one-on-one instruction
meals
cooperative learning / play (centers)
centers:
- blocks
- literacy/library
- dramatic play
- science/discovery
- sand & water (sensory)
- toys & games
- music & movement
- art
- technology
calming corner: self regulatory
e.g. meditation, mindful breathing,
art, journaling, kinesthetics, sound therapy
E-ACA-10A /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE
LIGHT-FILLED, WELCOMING, WHIMSICAL, IMAGINATIVE, INQUISITIVE
37

LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (12-24
LF above and below sinks, lockable)
F2 student cubbies (12”W x 13”D
x 26”H, 20 for PK-3/PK-4, 28-30 for
Kindergarten/Grade 1/Grade 2)
F3 wall shelving (30”-36” height, lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F8 wall-mounted interactive electronic
presentation device
F9 classroom sink with bubbler (2) sinks at
different heights (24” at PK-3/PK-4, 34”
countertop)
F89 data drop
F91 storage shelving (24” deep)
F103 floor drain
F120 floating shelves
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings (PK-3/PK-4/
Kindergarten/Grade 1/Grade 2):
considerations: writable surfaces, flexibility
in seating (3 different types) to encourage
student choice
L1 stackable/nesting chairs (12)
L2 stackable/nesting tables (4-5)
L3 teacher work surface with mobile
storage and two chairs (1 task chair, 1
armless task chair)
L4 soft seating (5)
L5 four drawer lateral file cabinet with lateral
dividers
L6 mobile shelving (various)
L7 teacher’s lockable wardrobe (18”x18”)
L16 bound group rug
L63 resource media cart
L75 kidney table
L94 flat storage
L96 kidney table stool (5)
L97 bookcase (25 LF)
L220 small rug (4’x4’)
see DGS Waste Guidelines for waste bin
sizing and quantities
loose furnishings (PK-3/PK-4/
Kindergarten):
L212 storage unit (5)
L213 listening center
L214 easel (2)
L215 book organizer
L216 kitchen set
L217 table and chair set
L218 manipulative storage boxes (2)
L219 chair cubes (1 set of 4)
L221 resting mats/cots (25, NIC)
L222 small storage box (1 set of 20)
L223 sensory table
L224 dramatic play center
loose furnishings (Grade 1 and
Grade 2)
L214 easel
L215 book organizer
E-ACA-10A /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE
38
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39
E-ACA-10B /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE RESTROOM
F51
F14
F19
F102
F7
F6
F30
F103 F120
F18
F74
40
size
120 SF
capacity/users
2 students
ancillary spaces
self-contained classroom pk-3 / pk-4 /
kindergarten / 1st / 2nd grade
spatial relationships
n/a
goals
to provide age appropriate space for personal
and health needs
activities
private health needs
environmental considerations
opportunities for learning (sensory play,
water, etc.)
environmental sound control
uniform and controllable lighting
natural daylight
natural finishes
barn door/half-doors at toilet stalls to
enable supervision
for MES classrooms, review
programmatic requirements with
DCPS
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F30 bathroom sink
F51 toilet partitions
F74 coat hook-bathroom accessory
F102 toilet
F103 floor drain
F120 floating shelves
provide age appropriate sizing
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-10B /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE RESTROOM
WELCOMING, COMFORTABLE, FUN
41
E-ACA-10C /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE STORAGE
F91
L94
42
size
100 SF
capacity/users
1-2 staff members
ancillary spaces
self-contained classroom pk-3 / pk-4 /
kindergarten / 1st / 2nd grade
spatial relationships
near academic core classrooms
goals
to provide storage space for classroom
supplies
activities
storage of materials and supplies
environmental considerations
uniform and controllable lighting
electrical outlets for equipment
for MES classrooms, review
programmatic requirements with
DCPS
LEGEND ///
fixed furnishings
F91 storage shelving 24” deep
loose furnishings
L94 flat storage
E-ACA-10C /// SELF-CONTAINED PK-3 / PK-4 / KINDERGARTEN / 1ST / 2ND GRADE STORAGE
43
E-ACA-10D /// SELF-CONTAINED CLASSROOM GRADES 3-5 STORAGE
F91
L94
44
size
100 SF
capacity/users
1-2 staff members
ancillary spaces
self-contained classroom grades 3-5
spatial relationships
near academic core classrooms
goals
to provide storage space for classroom
supplies
activities
storage of materials and supplies
environmental considerations
uniform and controllable lighting
electrical outlets for equipment
*for MES classrooms, review
programmatic requirements with
DCPS
LEGEND ///
fixed furnishings
F91 storage shelving 24” deep
loose furnishings
L94 flat storage
E-ACA-10D /// SELF-CONTAINED CLASSROOM GRADES 3-5 STORAGE
45
E-ACA-11 /// OT / PT ROOM
F8
F5
F1
F3
L11L11 L7
L3
L63
L76
L1 L2
F4
F4
F9
F89L6
L201
46
size
450 SF
capacity/users
2-3 students
2 staff members
ancillary spaces
speech/ot/pt storage
spatial relationships
elevator access
located and integrated within the academic
core area
goal
to provide a therapeutic space for individual
and small group treatment to occur, per
IEP/504 plan/MTSS prescriptions
to house therapeutic materials, including fine
motor manipulatives/games, and gross
motor/sensory equipment
activities
direct services (individual or small group)
may include:
table-top fine and visual motor crafts
games and activities
gross motor or sensorimotor play area to
utilize equipment (such as scooter boards,
balance beams, trampoline, etc.)
space to complete activities in a variety
of planes (i.e. seated at table or floor,
standing at vertical surface, prone on the
floor)
environmental considerations
uniform and controllable lighting
adequate ventilation
windows to provide natural light
environmental sound control
electrical outlets for equipment
proportion classroom for effective viewing
and listening from all areas of the
classroom
window treatment: sunscreen shade cloth
full lite in door and sidelight for visual access
and security purposes
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable,
6 LF minimum)
F3 wall shelving
F4 magnetic marker board (on 2 walls, 6 LF
minimum each)
F5 tackable wall surface (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F9 classroom sink with bubbler
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
loose furnishings
L1 stackable/nesting chairs (2)
L2 stackable/nesting tables (2)
L3 teacher work surface with mobile
storage and two chairs (1 stackable chair
and 1 task chair)
L6 mobile shelving (various)
L7 teachers lockable wardrobe (18”x18”)
L11 adjustable height bookshelves
L63 resource media cart
L76 filing cabinet (lockable)
L201 sensory wrap swing (free standing)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-11 /// OT / PT ROOM
SPECIALIZED, INTERACTIVE, EMPOWERING, SPACIOUS
47
E-ACA-12 /// SPEECH / OT / PT STORAGE
F91
48
size
150 SF
capacity/users
1-2 staff members
ancillary spaces
ot/pt room
speech room
spatial relationships
near academic core classrooms
goal
provide storage space for occupational and
physical therapy apparatus and supplies
activities
storage of therapy apparatus and supplies
environmental considerations
uniform and controllable lighting
electrical outlets for equipment

LEGEND ///
fixed furnishings
F91 storage shelving (24” deep)
loose furnishings
n/a
E-ACA-12 /// SPEECH / OT / PT STORAGE
49
E-ACA-13 /// INDEPENDENT AREA
50
size
75 SF
capacity/users
1 student
1 staff member
ancillary spaces
n/a
spatial relationships
across hallway from self contained classroom
goals
to provide a safe setting to calm agitated
students
activities
a quiet space for emotional students
one-on-one instruction
quiet reflection space
environmental considerations
soft lighting (recessed light fixtures)
environmental sound control
views into independent area from the main
instruction area via lite in door (shatter proof
glass or flexion)
auditory privacy
no padding
doors are not lockable (non-latching, swing
outward of room)
avoid applied base
no outlets
no switches
no cover plates
no PA speaker/call button
durable wall surface (light-colored)
no occupant/motion sensor
manual dimmer switch outside of room
half-life at door
push plate and kick plate on interior
fixed thermostat without remote outside of
room
LEGEND ///
fixed furnishings
n/a
loose furnishings
n/a
E-ACA-13 /// INDEPENDENT AREA
QUIET, CALMING, SOOTHING
51

E-ACA-14 /// SPECIAL EDUCATION COORDINATOR OFFICE
L5
L12
L1L11
F5F92
F89
52
size
150 SF
capacity/users
2-4 people
ancillary spaces
n/a
spatial relationships
near self contained classroom and resource
classrooms
goal
to provide a space for the special education
coordinator to complete work plans, store
student files, and hold meetings
activities
administrative duties
storing and retrieving supplies and
equipment
environmental considerations
windows to provide natural light
environmental sound control
electrical outlets for equipment
uniform lighting, areas of soft lighting
lite in door for visual access and security
purposes

LEGEND ///
fixed furnishings
F5 tackable wall surface (6 LF minimum)
F92 storage shelving (18” deep)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chair (2)
L5 four drawer lateral file cabinet (lockable)
with lateral dividers
L11 adjustable height bookshelves (18 LF)
L12 admin workstation and chair (task)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-14 /// SPECIAL EDUCATION COORDINATOR OFFICE
53
E-ACA-15 /// TEACHER COLLABORATION ROOM
F3
STORAGE RESTROOM
F5
F8
F4
L1
L17
L19
F1
F7F6
F9 F89
M2
M1
L69
L67
54
size
300 SF
capacity/users
10-15 staff members
ancillary spaces
single-user restroom
general grades 2-5 classroom storage
spatial relationships
near academic core classrooms
goal
provide a dual functional space where staff
can collaborate and conduct planning
activities
provide a space for storage of grade level
materials
activities
team staff meetings
lesson planning and grading
develop and review teacher materials
environmental considerations
environmental sound control
uniform and controllable lighting
electrical outlets for equipment
adequate ventilation
window to provide natural light
consult with DCPS on equipment outlet
configurations
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F8 wall mounted interactive electronic
presentation device
F9 classroom sink
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (6)
L17 printer station
L19 large table (2)
L67 microwave
L69 under counter refrigerator
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M1 large format printer/copier (NIC)**
**confirm location and outlet
configuration with DCPS
M2 color printer (NIC)
E-ACA-15 /// TEACHER COLLABORATION ROOM
INTERACTIVE, SOCIAL, COLLABORATIVE, FOCUSED, TEAMING
55
E-ACA-16A /// LEVELED READING STORAGE ROOM
F92
L34
L3
56
size
300 SF
capacity/users
2 staff members
ancillary spaces
n/a
spatial relationships
near academic core classrooms
goal
to provide secure room for storing, sorting
and handling of leveled reading materials
activities
storing and retrieving leveled reading
materials
environmental considerations
uniform and controllable lighting
proper ventilation
providing adequate outlets for laptop
charging carts
LEGEND ///
fixed furnishings
F92 storage shelving (18” deep) 200 LF
minimum
loose furnishings
L3 teacher work surface with mobile
storage
L34 book carts (2)
see DGS Waste Guidelines for waste bin
sizing and quantities
57
E-ACA-16A /// LEVELED READING STORAGE ROOM
E-ACA-16B /// TECHNOLOGY STORAGE
L51
F92
F90
58
size
75 sf
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
distributed in academic core classrooms
goal
storage of computers and technology
activities
charging laptop carts
materials and technology storage
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
secure and lockable door
LEGEND ///
fixed furnishings
F90 storage shelving (12” deep)
F92 storage shelving (18” deep)
loose furnishings
L51 laptop charging cart (5-6)
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
confirm outlet locations
59
E-ACA-16B /// TECHNOLOGY STORAGE
E-ACA-17 /// OUTDOOR CLASSROOM
shade structure or densely planted
trees for shade protection
seating for 25-30
work tables
teaching surface (white board,
or chalk board with room for
pin-up space
ADA compliant ground
surface. (concrete preferred)
Note: Provide minimum 2 hose bibs and electric outlets
within close proximity to classroom area
60
size
900 SF
capacity/users
25-30 students
teachers
parents/volunteers
community members
ancillary spaces
n/a
spatial relationships
near growing gardens, if included
direct access to the science and art rooms is
desirable
allow line of sight into space from building
window
goal
provide an outdoor learning space
encourage individual and group work through
nature discovery
activities
planting
exploring
coursework
discussion
math, science, and art coursework
accessibility standards
meet the Americans with Disability Act (ADA)
guidelines
ADA compliant path from building to outdoor
classroom
special considerations
should be built with regional materials to
match building, if appropriate
noise, fumes, sunlight and slope should be
considered during site selection
include a board for instruction
include a roof to protect from sun, rain and
snow, if possible
if classroom is located near play area or other
potential distractions, place wall or other
visual barrier to further define classroom
space
must be shaded. if trees are to be used for
shade, plant spacing should be dense for
rapid cover and roots should be protected
from compaction with protective seat/
retaining walls to keep students from
walking on roots
all items lockable. located within perimeter
fence (with vandal resistant finish), if one
exists
site elements and furnishings
all changes in finish surfaces should be
delineated with a hard edge for ease of
maintenance (e.g. do not place planter bed
adjacent to lawn without a physical barrier
such as a concrete walkway or metal edge
outdoor classrooms should be designed for
three seasons with a roof or shaded cover
required elements include:
fixed or flexible seating (25-30)
outdoor white board (6 LF
minimum) or flipchart
impervious or green roof, or PV roof,
trellis with vines (structurally able
to hold plantings/soil for shade)
expected elements include:
hose bibs with hose racks
native, low maintenance plants
selected for mature size and care
choose plants for biodiversity that
provide food or habitat to
pollinators and wildlife
seating and worktables
pathways from building and around
outdoor classroom area
wall-mounted all weather electrical
outlets
optional elements include:
teacher demonstration table
composting area
outdoor kitchen
handwashing station
planters
benches
small storage for tools and equipment
coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
E-ACA-17 /// OUTDOOR CLASSROOM
HARMONIOUS, AUTHENTIC, INTERACTIVE, LIVELY
61
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E-ACA-18 /// GARDEN
62
size
garden sizes vary
capacity/users
students
teachers
parents/volunteers
community members
ancillary spaces
n/a
spatial relationships
direct access to the science and art rooms is
desirable
community access should be considered
goal
to provide an outdoor learning space that
encourages individual and group work
through growing local food
activities
planting
exploring
watering
math, science, and art coursework
accessibility standards
meet the Americans with Disabilities Act
(ADA) guidelines
all beds should be raised to meet ADA
guidelines
ADA compliant path to garden and around all
garden beds
special considerations
optional, pending availabilty of a garden
program to maintain the gardening beds
garden layout to be determined by site
specific program and conditions
noise, fumes, sunlight and slope should
be considered during site selection
site elements and furnishings
consult Office of the State Superintendent of
Education school garden specialist for best
practices
gardens must receive 6-8 hours of direct
sunlight per day
required elements for gardens include:
teacher demonstration table
expected elements for gardens include:
planting beds
organic soil
mulch
hose bib with hose rack
plants
pathways
tool shed
optional elements include:
composting area
digging bed
handwashing station
greenhouse
worktables
apiary

E-ACA-18 /// GARDEN
COMMUNITY-BUILDING, EMPOWERING, COOPERATIVE, UPLIFTING, INTERACTIVE
63

E-ACA-19 /// SPEECH ROOM
L12
L5
L1
L11
L13
F4
F8
F1
F89
F5
64
E-ACA-19 /// SPEECH ROOM
SPECIALIZED, INTERACTIVE, EMPOWERING
65
size
150 SF
capacity/users
1 student
2 staff members
ancillary spaces
ot/pt room
spatial relationships
elevator access
located and integrated within the academic
core area
goals
to provide a therapeutic space for individual
speech therapy
activities
independent work
individual instruction
environmental considerations
uniform and controllable lighting
adequate ventilation
windows to provide natural light
environmental sound control
electrical outlets for equipment
proportion classroom for effective viewing
and listening from all areas of the
classroom
window treatment: sunscreen shade cloth
full lite in door and sidelight for visual access
and security purposes
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable)
6 LF minimum
F3 wall shelving
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (4 LF minimum)
F8 wall mounted interactive electronic
presentation device
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (2)
L5 four drawer lateral file cabinet with lateral
dividers (2)
L11 adjustable height bookshelves
L12 admin workstation and chair (task)
L13 small table
see DGS Waste Guidelines for waste bin
sizing and quantities

E-ACA-20 /// SPECIALS OFFICE / STORAGE
F92
F5
L12
L5
F89
L11
L13 L1L1
F4
66
E-ACA-20 /// SPECIALS OFFICE / STORAGE
67
size
250 SF
capacity/users
2 people
ancillary spaces
n/a
spatial relationships
near speciality spaces (specials lab, art lab,
music room)
access to main corridor
goals
office and storage area for specials’ teachers
activities
administrative duties
storing and retrieving supplies and
equipment
teaching/tutoring and counseling
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
windows to provide natural light
LEGEND ///
fixed furnishings
F4 magnetic marker board (4 LF minimum)
F5 tackable wall surface (6 LF minimum)
F89 data drop*
F92 storage shelving (18” deep)
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (2)
L5 four drawer lateral file cabinet with lateral
dividers (2)
L11 adjustable height bookshelves (6 LF)
L12 admin workstation and chair (2)
L13 small table
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-21 /// SENSORY ROOM
F8
F5
F1
F3
L11L11 L7
L3L63
L76
L1 L2
F4
F4
F9
F89L6
L201
68
SPECIALIZED, INTERACTIVE, INQUISITIVE, SOOTHING
69
size
450 SF
capacity/users
2-3 students
2 staff members
ancillary spaces
speech/ot/pt storage
spatial relationships
elevator access
located and integrated within the academic
core area
goals
to provide direct interventions for students
under the guidance and supervision of the
assigned OT
to house therapeutic materials, including fine
motor manipulatives/games, and gross
motor/sensory equipment
activities
direct services (individual or small group)
may include:
fine or visual motor games (such as
sensory table, light table, theraputty,
kinetic sand)
use of assorted swings (with a swing
frame), trampoline, ball pit, large
cushions/mats/beanbag tunnels,
steam roller, bubble tube/therapeutic
light fixtures, etc.
may be utilized with individual students
on a daily basis as part of a “sensory diet”
as prescribed by the assigned OT
environmental considerations
uniform and controllable lighting
adequate ventilation
windows to provide natural light
environmental sound control
proportion classroom for effective viewing and
listening from all areas of the classroom
window treatment: sunscreen shade cloth
electrical outlets for equipment
full lite in door and sidelight for visual access
and security purposes
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable,
6 LF minimum)
F3 wall shelving
F4 magnetic marker board (on 2 walls, 6 LF
minimum each)
F5 tackable wall surface (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F9 classroom sink with bubbler
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (2)
L2 stackable/nesting tables (2)
L3 teacher work surface with mobile storage
and two chairs (2 stackable)
L6 mobile shelving (various)
L7 teachers lockable wardrobe (18”x18”)
L11 adjustable height bookshelves
L63 resource media cart
L76 filing cabinet with lateral dividers (lockable)
L201 sensory wrap swing (free standing)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-ACA-21 /// SENSORY ROOM

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70
71
E-LIB /// LIBRARY
READING / LEARNING / CIRCULATION
ROOM
MAKERSPACE
SMALL GROUP ROOM
COMBINED OFFICE / WORKROOM
CONFERENCE ROOM
72
Comments //
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square
footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are:
325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
LIBRARY
Reading/Learning/Circulation
Room
Makerspace
Small Group Room
Combined Office/Workroom
Conference Room
TOTAL
1
1
2
1
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
1
2,720
500
150
400
250
3,140
500
150
400
250
3,700
500
150
400
250
4,820
500
150
400
250
2,720
500
300
400
250
4,170
3,140
500
300
400
250
4,590
3,700
500
300
400
250
5,150
4,820
500
300
400
250
6,270
73
LIBRARY ADJACENCY DIAGRAM
73
READING /
LEARNING /
CIRCULATION
ROOM
MAKERSPACE
CIRCULATION
DESK
VIEW VIEW
COMBINED
OFFICE /
WORKROOM
SMALL GROUP ROOM
SMALL GROUP ROOM
CONFERENCE
ROOM
This layout suggests programmatic adjacencies. Final
locations to be determined.
KEY ///
direct access
linked space
enclosed space
open space
74
F45
F1.1
F8
F4
L18
L18
L1L21
F64
L6
L51
F46
L97
L209
F8
F5
L225
L12
F4
F45
F46
CORRIDOR
STORAGE
COMBINED
OFFICE /
WORKROOM
SMALL
GROUP RM
SMALL
GROUP RM
MAKERSPACE
F89
F201F200
F123
L73
F203
F203
E-LIB-1 /// READING / LEARNING / CIRCULATION ROOM
75
E-LIB-1 /// READING / LEARNING / CIRCULATION ROOM
size
2,720-4,820 SF
capacity/users
75-175 students
1-2 media specialist(s)
community patrons after school hours
ancillary spaces
makerspace
small group room
combined office/workroom
conference room
spatial relationships
circulation area located close to entrance/exit
near single user bathrooms for staffing and
community needs
goals
a cohesive collection of spaces where there
are opportunities to access information,
create content, focus and collaborate
activities
reading and research
circulation of materials and resources,
including online catalogues
large group and small group instruction
provide meeting areas for community, staff,
and parents
dramatic reading and storytelling
informal small group interactions
individual learning
project based learning
environmental considerations
adequate ventilation
lighting appropriate to task with switches to
dim in separate zones of library
environmental sound control
electrical outlets at column locations
windows to provide natural sunlight
zoned for after school hours use
ceiling height in proportion to room
dimensions
open flow for traffic in reference/professional/
periodical areas
electrical outlets in tow space of wall shelving
window treatment: sunscreen shade cloth,
room darkening shadecloth
mix of lounge furniture
consider lockdown safety protocols
considerations: flexibility in seating (3
different types) to encourage student
choice
DYNAMIC, INTERACTIVE, REFLECTIVE, SOCIAL

76
LEGEND ///
fixed furnishings
F1.1 casework (circulation desk)*
F4 magnetic marker board (two locations, 8
LF each)
F5 tackable wall surface
F8 wall mounted interactive electronic
presentation device (2)
F45 library casework
F46 motorized projection screen (1-2)
F64 filtered water fountain with bubbler and
bottle filler
F75 display case
F89 data drop
F110 digital monitor
F123 mobile interactive electronic
presentation device
F203 ceiling mounted projector (1-2)
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (32-55 per
student enrollment)
L6 mobile shelving**
L12 admin workstation and chair (task)
L16 bound group rug (2) - by projection
screens
L18 lounge chair (15-25)
L21 student work table (6-10 with various
heights)
L51 laptop charging cart
L73 height adjustable stools with backs
L209 media bar with integrated power
L225 spring-loaded book cart (1-2)
see DGS Waste Guidelines for waste bin
sizing and quantities
*circulation desk must meet ada standards
and have sufficient space for librarian,
two students and a book drop and provide
space/infrastructure for desktop printer
**shelving is calculated as the maximum
capacity of the building X20 books/
student; 10 inch (standard size books),
12 inch (picture books, reference books,
periodicals and audiovisual storage), 18-24
inch (equipment storage); shelving should
include forward facing shelves; perimeter
shelving at 5’ max, non-perimeter shelving
at 48” max for visibility
E-LIB-1 /// READING / LEARNING / CIRCULATION ROOM
77
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78
E-LIB-2 /// MAKERSPACE
L11
L1
F4
F8
F5
F3
L5L3
F1
L2
READING/
LEARNING/
CIRCULATION
ROOM
OUTDOORS
F89 M15
L204
79
size
500 SF
capacity/users
12-16 students
teachers
guests
volunteers
ancillary spaces
reading/learning/circulation room
spatial relationships
located within library suite with easy public
access and communal use; access to
outside when possible
goals
a space to accommodate a variety of hands-
on learning and the production of varied
projects
activities
space for instruction in developing skills in use
of tools, materials, and processes to apply
knowledge of planning and design to actual
fabrication of projects (projects can include:
3D printing, constructing blocks/legos,
constructing with cardboard, etc.)
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
windows to provide natural light
adequate ventilation
window treatments: sunscreen shade cloth
access to outside when possible
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable)
F3 wall shelving
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F89 data drop*
F204 ceiling mounted outlets (3 minimum)
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L2 nesting tables (adjustable height) (4-5)
L3 teacher work surface with mobile
storage and chair (task)
L5 four drawer lateral file cabinet with
lateral dividers
L11 adjustable height bookshelves
L73 height adjustable stools with backs (16)
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M15 3D-printer
E-LIB-2 /// MAKERSPACE
INNOVATIVE, INTERACTIVE, CREATIVE

E-LIB-3 /// SMALL GROUP ROOM
80
F1.1
READING/LEARNING/
CIRCULATION ROOM
F4
L1
L19
F89
F8
81
size
150 SF
capacity/users
4-6 people
ancillary spaces
reading/learning/circulation room
spatial relationships
adjacent/connected to second small group
room
goals
a space to support individual focused work or
small group collaboration
activities
group research projects
meetings/teleconferencing
listening, viewing, and recording
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
visual access to reading/learning/
circulation area
adequate ventilation
modular furniture solution
LEGEND ///
fixed furnishings
F1.1 casework (8-10 LF)
F4 magnetic marker board (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (6)
L19 large table (round)
see DGS Waste Guidelines for waste bin
sizing and quantities
TRANSPARENT, COLLABORATIVE, HUDDLE
E-LIB-3 /// SMALL GROUP ROOM
82
F1
F7
F9
F1.1
F89
F3
L11
L5 L12 L12L28
READING/
LEARNING/
CIRCULATION
ROOM
L15 M1
L13
F4 F5 M51L101
F6
E-LIB-4 /// COMBINED OFFICE / WORKROOM
83
size
400 SF
capacity/users
2-4 staff members
ancillary spaces
reading/learning/circulation room
spatial relationships
adjacent to office (optional)
adjacent to small group room
located behind circulation desk and whole
class zone
goals
to provide a secure space for processing
incoming materials and storage of materials
to provide a private space for media
specialists and administration staff to
professionally plan and collaborate
activities
scanning
digitizing
meetings
storage of materials
storage of a/v materials and videotapes
environmental considerations
uniform and controllable lighting
environmental sound control
visual access to reading/learning/circulation
area
auditory privacy
docking location and electric outlets for laptop
charging cart
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (base
cabinets with power)
F1.1 casework (poster/map storage)
F3 wall shelving
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F89 data drop*
F130 sink
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L5 four drawer lateral file cabinet with lateral
dividers (1-2)
L11 adjustable height bookshelves (12 LF)
L12 admin workstation and chair (2,
stackable)
L13 small table
L15 task chair
L28 worktable
L101 laptop charging cart (NIC)
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M1 large format printer/copier (NIC)**
M51 large format laminator**
**confirm location and outlet configuration
with DCPS
E-LIB-4 /// COMBINED OFFICE / WORKROOM
FOCUSED, ACTIVE, DYNAMIC

E-LIB-6 /// CONFERENCE ROOM
84
F1.1
READING/LEARNING/
CIRCULATION ROOM
F4
L1
L19
F89
F8
E-LIB-6 /// CONFERENCE ROOM
85
size
250 SF
capacity/users
8 people
ancillary spaces
reading/learning/circulation room
spatial relationships
reading/learning/circulation room
goals
a space to support individual focused work or
small group collaboration
activities
group research projects
meetings/teleconferencing
listening and viewing
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
visual access to reading/learning/circulation
area
adequate ventilation
modular furniture solution
LEGEND ///
fixed furnishings
F1.1 casework (8-10 LF)
F4 magnetic marker board (6 LF minimum)
F8 wall mounted interactive electronic
presentation device
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (6)
L19 large table (round)
see DGS Waste Guidelines for waste bin
sizing and quantities
COLLABORATIVE, THOUGHTFUL, SYNERGISTIC

86
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87
E-VA /// VISUAL ARTS
ART LAB
KILN ROOM
ART STORAGE
88
Comments //
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific
square footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity
model are: 325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
VISUAL ARTS
Art Lab
Kiln Room
Art Storage
TOTAL
1
1
1
1
1
1
1
1
1
1
1
1
1,000
60
150
1,000
60
150
1,000
60
150
1,000
60
150
1,000
60
150
1,210
1,000
60
150
1,210
1,000
60
150
1,210
1,000
60
150
1,210
89
VISUAL ARTS ADJACENCY DIAGRAM
ART LABKILN
ROOM
ART
STORAGE
KEY ///
direct access
linked space
enclosed space
open space
This layout suggests programmatic adjacencies. Final
locations to be determined.
90
E-VA-1 /// ART LAB
L73
L42
L3
L7
L8
L13
L74
F2
F1F6 F6
F7 F7
F8
F84 F84
L42
F89
F4
F5
CORRIDOR
ART
STORAGE
KILN
ROOM
L14
L1
91
E-VA-1 /// ART LAB
CREATIVE, VIBRANT, INSPIRING, LIVELY, IMAGINATIVE
size
1,000 SF
capacity/users
30 students
2 teachers/staff members
parent volunteers
ancillary spaces
kiln room
art storage
spatial relationships
centrally located with convenient access to
core academic classrooms
goals
to provide an area for students to work on
a variety of art projects by exploring the
manipulation of a variety of mediums
to develop technical and expressive skills
activities
drawing, painting, and print making
sculpture, model-making, collage, and
assembly
ceramics-clay
computer graphics and mixed media work
guest artist lectures
demonstrations
viewing prints/slides/movies/art videos,
reading, and writing
individual and cooperative group work
storage of supplies, projects, and small
equipment
environmental considerations
uniform and controllable lighting
windows to provide natural light
(preferably northern exposure)
environmental sound control
electrical outlets for equipment
include outlets on the wall above counter
window treatment: sunscreen shadecloth,
room darkening shadecloth
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (20-32 LF
of 34” high base cabinets with wall
cabinets above paper storage cabinets, two
sinks: different heights 30”/34”, lockable)
F2 students cubbies
F4 magnetic marker board (8 LF minimum)
F5 tackable wall surface (12 LF minimum)
F6 soap dispenser (at each sink)
F7 towel dispenser (at each sink)
F8 wall mounted interactive electronic
presentation device
F84 two sinks (6 ft apart) large, kitchen size
with clay traps; cabinetry below
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
loose furnishings
L1 nesting chairs
L3 teacher work surface with mobile
storage and two chairs (1 task chair, 1
stackable chair)
L7 teachers lockable wardrobe (18”x18”)
L8 tall cabinet with shelves
L13 small table
L14 computer workstation (3)
L42 drying rack (2 with 40-80 slats)
L73 student tall stool (30) (height
adjustable)
L74 two person tall art table (15) (height
adjustable)
see DGS Waste Guidelines for waste bin
sizing and quantities

92
E-VA-2 /// KILN ROOM
L44
L45 F1.1
ART
LAB
F103
93
size
60 SF
capacity/users
1 staff member
ancillary spaces
art lab
spatial relationships
within art lab
goals
to provide an area properly equipped for
ceramics and ceramics firing
storage for completed art work
activities
store 3D sculptural work
house kiln equipment
firing of ceramics
environmental considerations
lighting appropriate to task
adequate ventilation with vents to the outside
for kiln and controlled by a thermostat
specialized electrical outlets for equipment
LEGEND ///
fixed furnishings
F1.1 casework (8 LF minimum)
F103 floor drain
loose furnishings
L44 kiln
L45 bisqueware shelving
E-VA-2 /// KILN ROOM
E-VA-3 /// ART STORAGE
94
F1.1
F92
F92
L45
ART
LAB F5
L5
L42
L42
F89 F103
E-VA-3 /// ART STORAGE
95
size
150 SF
capacity/users
1-2 staff members
ancillary spaces
art lab
spatial relationships
near art lab
goals
to provide lockable storage for art supplies,
portable equipment, technology,
peripherals, and materials
activities
storage
environmental considerations
uniform and controllable lighting
electrical outlets for equipment
LEGEND ///
fixed furnishings
F1.1 casework (tall cabinets, paper storage,
and hazardous materials) (8 LF minimum,
lockable)
F5 tackable wall surface (12 LF minimum)
F89 data drop*
F92 storage shelving (18” deep, metal)
F103 floor drain
* coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L5 four drawer lateral file cabinet with lateral
dividers
L42 drying racks (2)
L45 bisqueware shelving
96
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97
E-PA /// MUSIC
GENERAL MUSIC ROOM
GENERAL MUSIC STORAGE
STAGE
98
Comments //
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square
footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are:
325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
*Stage is listed as required in this program and optional in SD program. Final location of Stage to be determined through the site-specific Ed Spec
reviewed by DCPS.
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
MUSIC
General Music Room
General Music Storage
Stage*
TOTAL
1
1
1
1
1
1
1
1
1
1
1
1
900
250
700
900
250
700
900
250
700
900
250
700
900
250
700
1,850
900
250
700
1,850
900
250
700
1,850
900
250
700
1,850
99
MUSIC ADJACENCY DIAGRAM
99This layout suggests programmatic adjacencies.
Final locations to be determined.
GENERAL
MUSIC
ROOM
STAGE
GENERAL
MUSIC
STORAGE
KEY ///
direct access
linked space
enclosed space
open space
100
GENERAL MUSIC
STORAGE
F9
F64
F5 F109F8F4
F1.1L47 L29 L33L11
L31
L12L63
L14
L7
L32
F89
L2
E-PA-1 /// GENERAL MUSIC ROOM
101
size
900 SF
capacity
30 students
1 teacher
parents/volunteers
ancillary spaces
general music storage
spatial relationships
co-locate near rooms with similar
functions and noise levels
goals
to provide students with the opportunity
to explore and develop skills in music
through large group, ensemble, and solo
experiences
activities
Listen, analyze, describe, and compose
music
sing alone and with others (solos, duets,
trios, ensembles, large groups)
guest speakers and performers (solo and
ensembles)
group instruction (small and large)
choir, instrumental music, theater, movement
view educational videos for music instruction
extra-curricular after school activities
compose and arrange music on digital audio
workstations
play in small and large group ensemble with
instruments (keyboard, percussion, etc.)
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment including
floor mounted outlets with secure
covers sufficient for keyboards
sound insulation in walls (extended above
ceiling to underside of deck)
acoustical wall treatments
adequate ventilation
proportion classroom for effective viewing
and listening from all areas of the
classroom
auditory privacy
layout should consider teaching space and
breakout space
window treatment: sunscreen shadecloth
E-PA-1 /// GENERAL MUSIC ROOM
COLLABORATIVE, DYNAMIC, EXPRESSIVE, MOVING
102
LEGEND ///
fixed furnishings
F1.1 casework (paper storage cabinets,
8-10 LF)
F4 magnetic marker board (16 LF, 1/2 with
music staff bars)
F5 tackable wall surface (6 LF minimum
F8 wall mounted interactive electronic
presentation device
F9 classroom sink
F64 filtered water fountain with bubbler and
bottle filler
F89 data drop
F109 stereo with WiFi connection ability
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
E-PA-1 /// GENERAL MUSIC ROOM
loose furnishings
L2 stackable/nesting tables (keyboards)
L7 teachers lockable wardrobe (18”x18”)
L11 adjustable height bookshelves (24 LF)
L12 admin workstation and chair (task)
L14 computer station (2)
L29 choral risers (moveable)
L31 posture chair (30)
L32 conductor’s podium and stool
L33 digital upright piano
L47 music stand (30)
L63 resource media cart
see DGS Waste Guidelines for waste bin
sizing and quantities
103
E-PA-1 /// GENERAL MUSIC ROOM
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104
GENERAL
MUSIC ROOM
F90
F92
F205
L5
E-PA-2 /// GENERAL MUSIC STORAGE
105
size
250 SF
capacity
1 staff member
ancillary spaces
general music room
spatial relationships
n/a
goals
to provide adequate storage for choral risers,
accessories, and equipment
activities
storage and simple repair of accessories
and equipment
play instruments in small ensembles
and large group (keyboard, orff,
percussion, etc.)
environmental considerations
uniform and controllable lighting
electrical outlets for equipment
LEGEND ///
fixed furnishings
F90 storage shelving (12” deep)
F92 storage shelving (18” deep)
F205 small instrument storage closet
total shelving shall support storage of 30
keyboards, Orff instruments, and assorted
percussion instruments
loose furnishings
L5 four drawer lateral file cabinet with lateral
dividers
see DGS Waste Guidelines for waste bin
sizing and quantities
E-PA-2 /// GENERAL MUSIC STORAGE
106
L37
F31
F18F128F129 F46
L29
L32
GYMNASIUM/STUDENT DINING/ MULTIPURPOSE
ABOVE ABOVEABOVE
RAMP UP
F89
NOTE //
Retractable stages should be considered. Design team to work with DCPS to locate
Stage adjacency with either Gymnasium, Student Dining, or Multipurpose area.
F203
E-PA-3 /// STAGE
107
size
700 SF
capacity/users
30 students
teachers/staff members
parents/volunteers
community members
ancillary spaces
gymnasium
student dining
spatial relationships
near chair storage
near music rooms if possible
goals
to provide space for students to present
performances
activities
student assembly/award programs
theatrical/musical performances
in-service conferences
environmental considerations
uniform/theatrical lighting
environmental sound control
electrical outlets for equipment
stage to be no more than 21” above floor
direct ADA and convenient access to
stage via stairs/ramp
fixed construction or “Murphy” retractable
LEGEND ///
fixed furnishings
F18 mirror
F31 motorized stage curtains
F46 motorized projection screen
F89 data drop*
F128 theater lighting (spotlights on joists)
F129 amplified sound system with audio
coverage for the space, ability to pull in
multi-media & microphone
F203 ceiling mounted projector
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L29 choral risers
L32 conductor’s podium and stool
L37 dance barres
see DGS Waste Guidelines for waste bin
sizing and quantities
INTERACTIVE, SYNERGISTIC, INVENTIVE
E-PA-3 /// STAGE
108
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109
E-PE /// PHYSICAL EDUCATION
GYMNASIUM
OFFICE
STORAGE
CHAIR STORAGE
BICYCLE STORAGE
OUTDOOR PE STORAGE
PLAYGROUNDS
110
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
PHYSICAL EDUCATION
Comments //
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square footage
requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are: 325 students : 51
staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
Gymnasium
Office
Storage
Chair Storage
Bicycle Storage
Outdoor PE Storage
Playgrounds
TOTAL
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
3,400
150
300
150
250
100
-
3,400
150
300
150
250
100
-
4,200
150
300
150
250
100
-
5,000
150
300
150
250
200
-
3,400
150
300
150
250
100
-
4,350
3,400
150
300
150
250
100
-
4,350
4,200
150
300
150
250
100
-
5,250
5,000
150
300
150
250
200
-
6,050
This layout suggests programmatic adjacencies.
Final locations to be determined.
111
GYMNASIUM
EXTERIOR
STORAGE
CHAIR
STORAGE
OFFICE STAFF
LOCKER
PUBLIC
RESTROOMS
STAFF
PARKING
PLAYGROUNDS
BICYCLE
STORAGE
STAGE
PHYSICAL EDUCATION ADJACENCY DIAGRAM
KEY ///
direct access
linked space
enclosed space
open space
112
F23
OFFICE CORRIDORCORRIDOR
OUTSIDE
F22
F4
F108
F108
L63
F4
F64
STORAGE
L1 F109F108 F24
F207
F22
F89
F207
E-PE-1 /// GYMNASIUM
113
size
3,400 - 5,000 SF (clear floor area)
capacity/users
school population
30 students per class
2-3 teachers/staff members
parents and community members for
meetings
5,000 SF classroom should be lined to
host two class sections at one time
ancillary spaces
office
storage
chair storage
bicycle storage
outdoor PE storage
stage
spatial relationships
near public restrooms and staff locker/
shower, with easy access
access to outdoor physical education and
covered play areas
near parking
located with easy access to rest of school,
but must be able to close off area for
security during evening activities
goals
to provide space for PE classes to meet
to provide space for students to present
performances
activities
athletic skills and leadership games
adaptive physical education
student assemblies, performances, and
programs
lectures/teaching
community use
environmental considerations
uniform and controllable lighting
environmental sound control
adequate sound control/acoustics
clear height of 20’ from floor to nearest
obstruction
electrical outlets for equipment
structure, lighting, and ducts designed not to
trap PE balls
ceiling heights should be proportional to
room volume
adjoining room with window darkening
capabilities
proper AV equipment for front and back of
house acoustics
80% of transverse gym walls to be non-
glazed up to 5’
recessed floor sleeves for volleyball poles
bleachers are not a priority at this age range
LEGEND ///
fixed furnishings
F4 magnetic marker board (6 LF minimum)
F22 basketball operable goals (adjustable
height, rims, hoops, ceiling hung,
retractable)
F23 operable partition-motorized
F24 climbing wall
F64 filtered water fountain with bubbler
and bottle filler
F89 data drop*
F108 safety padding
F109 stereo with Xbox and Wii connection
ability (with connection to A/V
equipment/speakers from inside gym
space)
F207 motorized archery net
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs
L63 resource media cart
see DGS Waste Guidelines for waste bin
sizing and quantities
SPIRITED, ENERGETIC, ACTIVE, LIVELY, COMMUNITY-BUILDING
E-PE-1 /// GYMNASIUM
114
L5
L12
L1
L13
L11
L7
F4
F5
F89
E-PE-3 /// OFFICE
115
size
150 SF
capacity/users
1-2 staff members
ancillary spaces
gymnasium
spatial relationships
adjacent to PE Storage
visual access to gymnasium
near restrooms
goals
to provide space for PE teachers and
administrators
activities
scheduling
planning
maintaining records
meetings/teleconferencing
coaching
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
windows to provide natural light, desirable
auditory privacy

LEGEND ///
fixed furnishings
F4 magnetic marker board (6 LF)
F5 tackable wall surface (4 LF)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chairs (2)
L5 four drawer lateral file cabinet with lateral
dividers
L7 teacher lockable wardrobe (18”x18”)
L11 adjustable height bookshelves
L12 admin workstation and chair (task)
L13 small table (round)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-PE-3 /// OFFICE
116
F92
F90
F21
L35
E-PE-4 /// STORAGE
117
size
300 SF
capacity/users
1-2 staff members
ancillary spaces
gymnasium
spatial relationships
n/a
goals
to provide convenient and adequate storage
for all physical education equipment
activities
storage of PE equipment such as tumbling
mats, ball bins, etc.
environmental considerations
uniform lighting
leave space below shelving on one wall for
portable bins
LEGEND ///
fixed furnishings
F21 peg board
F90 storage shelving (12” deep)
F92 storage shelving (18” deep) (metal/wire)
loose furnishings
L35 ball bins (in a variety of sizes)
E-PE-4 /// STORAGE
118
E-PE-5 /// CHAIR STORAGE
L41
119
size
150 SF (or as required to accommodate
seating quantity)
capacity/users
1 staff member
ancillary spaces
n/a
spatial relationships
gymnasium
goals
to provide adequate storage for folding
chairs to be used within gymnasium
activities
storage of chairs
environmental considerations
uniform lighting
controllable lighting
LEGEND ///
fixed furnishings
n/a
loose furnishings
L41 chair dollies
E-PE-5 /// CHAIR STORAGE
120
F111
L228
E-PE-6 /// BICYCLE STORAGE
size
250 SF (can be combined with storage)
capacity/users
1 staff member
ancillary spaces
outdoor PE storage
playground
spatial relationships
gymnasium
goals
to provide adequate storage for bikes and
other P .E. equipment to be used within
gymnasium
activities
storage of bikes and other P .E. equipment
environmental considerations
uniform lighting
controllable lighting
LEGEND ///
fixed furnishings
F111 bike rack
loose furnishings
L228 bicycles (30 minimum, NIC)
E-PE-6 /// BICYCLE STORAGE
122
L35 F21
F90
F92
E-PE-7 /// OUTDOOR P .E. STORAGE
L229
123
size
100-200 SF
capacity/users
1-2 staff members
ancillary spaces
gymnasium
spatial relationships
close proximity to outdoor play areas for
ease of access
goals
to provide convenient and adequate storage
for physical education equipment
activities
storage of PE equipment
environmental considerations
uniform lighting
leave space below shelving on one wall for
portable bins
LEGEND ///
fixed furnishings
F21 peg board
F90 storage shelving (12” deep)
F92 storage shelving (18” deep) (metal/wire)
loose furnishings
L35 ball and storage bins in variety of sizes
L229 balance bicycles (25 minimum, NIC)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-PE-7 /// OUTDOOR P .E. STORAGE
124
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Playground design to be determined by
site specific program and conditions
E-PE-8 /// PLAYGROUNDS
125
size
playground size to be determined during site
specific program and conditions
capacity
students
staff
parents/volunteers
community members
ancillary spaces
outdoor classroom
spatial relationships
near academic core areas
designated classrooms may have direct
access to playgrounds
public access
close proximity to water fountains and trash
cans
shaded areas (structured, play equipment
and/or landscaping)
goals
provide playground areas to allow for a
range of ages, abilities and interests to
accomodate a variety of spaces including
play equipment, open space, outdoor
classrooms, garden beds, fields and courts.
activities
inclusive interactive features that allow
an opportunity for swinging, balancing,
climbing, sliding, tactile, and imaginary and
sensory play
open space areas should allow for running,
biking, hard surface games (e.g. four
square, hopscotch, etc.), imaginary play,
and quiet time
site and equipment considerations
locate equipment with moving parts at the
perimeter of the play area
soft surfacing in all fall zones
ensure safe zones are around all moving
equipment
include a variety of types of play elements to
encourage tactile, imaginary, and sensory
play
include tables and chairs for age group
include hard surface with basketball courts
and group games, if space allows
include tables and chairs for age group
communication panels
seating play areas
accessibility standards
meet or exceed the Americans with
Disability Act (ADA) guidelines and provide
inclusive play elements
playground design to be determined by site
specific program and conditions
inclusive design
see DCPS Owner Project Requirements (OPR)
for information on trash and recycling
receptacles
see DCPS Waste Guidelines for waste bin
sizing and quantities
coordinate with DCPS on latest IT
infrastructure requirements

INSPIRING, INCLUSIVE, FUN, ENERGIZING, IMAGINATIVE
E-PE-8 /// PLAYGROUNDS
126
This Page Intentionally Left Blank
127
E-AD /// ADMINISTRATION
ENTRANCE LOBBY
WELCOME CENTER
SECURITY OFFICE
CONFERENCE ROOM
PRINCIPAL’S OFFICE
ADMINISTRATIVE OFFICE
ADMINISTRATIVE WORKROOM
RECORDS ROOM
PARENT RESOURCE CENTER
COUNSELOR’S OFFICE
STUDENT SERVICES
STUDENT SERVICES CONFERENCE
AFTER SCHOOL PROGRAM OFFICE
STAFF LOUNGE
WELLNESS / LACTATION ROOM
RESTORATION ROOM
128
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
ADMINISTRATION
Comments //
*The size and quantity of this space to be determined during site specific Ed Spec and design, included as part of Gross Up in prototype.
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square
footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are:
325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
Entrance Lobby*
Welcome Center
Security Office
Conference Room
Principal’s Office
Administrative Office
Administrative Workroom
Records Room
Parent Resource Center
Counselor’s Office
Student Services
Student Services Conference
After School Program Office
Staff Lounge
Wellness / Lactation Room
Restoration Room
TOTAL
--
1
1
1
1
2
1
1
1
1
2
1
1
1
1
1
--
1
1
1
1
2
1
1
1
1
2
1
1
1
1
1
--
1
1
1
1
2
1
1
1
2
2
1
1
1
1
1
--
1
1
1
1
3
1
1
1
2
2
1
1
1
1
1
--
500
75
200
200
150
400
150
200
150
150
200
300
400
200
150
--
500
75
200
200
150
400
150
200
150
150
200
300
400
200
150
--
650
75
200
200
150
400
150
200
150
150
200
300
400
200
150
--
650
75
200
200
150
400
150
200
150
150
200
300
400
200
150
--
500
75
200
200
300
400
150
200
150
300
200
300
400
200
150
3,725
--
500
75
200
200
300
400
150
200
150
300
200
300
400
200
150
3,725
--
650
75
200
200
300
400
150
200
300
300
200
300
400
200
150
4,025
--
650
75
200
200
450
400
150
200
300
300
200
300
400
200
150
4,175
129
OT/PT
WELLNESS
ROOM
RESTORATION
ROOM
STUDENT DINING AREA / MULTIPURPOSE
WELCOME
CENTER
COUNSELOR’S
OFFICE
STUDENT
SERVICES
CONFERENCE
LOBBY
PARENT
RESOURCE
CENTER
AFTER
SCHOOL
PROGRAM
OFFICE
RECORDS
ROOM
STAFF
LOUNGE
ADMINISTRATION
OFFICES
EXTERIOR
HEALTH
SUITE
SPEECH
SECURITY
OFFICE
CONFERENCE
ROOM
ADMINISTRATIVE
WORKROOM
This layout suggests programmatic adjacencies.
Final locations to be determined.
ADMINISTRATION ADJACENCY DIAGRAM
KEY ///
direct access
linked space
enclosed space
open space
130
L12
F72F110
EXTERIOR AIR LOCK
TO MAIN CORRIDOR
WELCOME
CENTER
F89
E-AD-1 /// ENTRANCE LOBBY
131
capacity/users
3-4 staff members
security officers
ancillary spaces
n/a
spatial relationships
adjacent to main entry
direct access to welcome center
direct access to security area
goals
to greet visitors and provide a welcoming
entry to the school
to serve as a check-in and checkpoint for
school visitors and attendees
activities
greet and welcome students, staff, and
visitors
central gathering and meeting area for
school community
security screenings of students, staff, and
visitors
monitor main entrance to school
environmental considerations
uniform and controllable lighting
environmental sound control
aesthetically pleasing
windows for natural sunlight
acoustically treated
commemorative plaque
LEGEND ///
fixed furnishings
F72 display case
F89 data drop*
F110 digital monitor (1-2 throughout
building)
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L12 admin workstation and armless task
chairs (1-2)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-1 /// ENTRANCE LOBBY
WARM, WELCOMING, SPIRITED, CONNECTED, BRIGHT

132
E-AD-2 /// WELCOME CENTER
L13
L18
L15 L80
F5
L28

ENTRANCE

EXTERIOR

EXIT
F90
F89
F26
AIR
LOCK
LOBBY
MAIN CORRIDOR
ADMIN SUITE
L15 L15
M50
133
E-AD-2 /// WELCOME CENTER
WARM, WELCOMING, SPIRITED, CONNECTED
size
500-650 SF
capacity/users
10 people
administrative assistants
visitors/parents
students
ancillary spaces
n/a
spatial relationships
located inside the main administrative area
directly accessible from entry vestibule
near public restrooms
maximize views to exterior and main entry
public address alcove
closet (lockable)
goals
to provide a space designed to help students
and visitors feel welcomed and to provide
easily accessed information
activities
greeting visitors
waiting for students or staff
student waiting/pick up area
workstation for administrative staff
environmental considerations
uniform and controllable lighting
adequate ventilation
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight
administrative area should be mechanically
zoned for year round use
interior windows
no visual access to the public of computer
screens, paperwork, etc.
LEGEND ///
fixed furnishings
F5 tackable wall surface
F26 reception desk
F89 data drop*
F90 storage shelving (12” deep)
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L13 small table (1-3)
L15 task chair (2-4)
L18 lounge chairs (4-6)
L28 work table (for check-in station)
L80 brochure display stand
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M50 large format printer/copier (NIC)**
**confirm location and outlet configuration
with DCPS
134
E-AD-3 /// SECURITY OFFICE
L12
L11
F89
135
size
75 SF
capacity/users
1 staff member
ancillary spaces
n/a
spatial relationships
adjacent to main entry
goals
to serve as a check-in and checkpoint for
non-school visitors
activities
check-in/out visitors
monitor main entrance to school
workstation for security staff
environmental considerations
uniform and controllable lighting
environmental sound control
recessed electrical outlets located in floor
LEGEND ///
fixed furnishings
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L11 adjustable book shelving (4 LF)
L12 admin workstation with chair (task)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-3 /// SECURITY OFFICE
136
E-AD-4 /// CONFERENCE ROOM
F110
F89
F1.1
F4
F5
L20
L30
PRINCIPAL’S
OFFICE
137
E-AD-4 /// CONFERENCE ROOM
size
200 SF
capacity/users
6-8 people
ancillary spaces
n/a
spatial relationships
near welcome center
centrally located within administrative area
adjacent and access to principal’s office
goals
to provide a place for administrative
conferences or meetings
activities
conferences with staff, parents, and visitors
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight,
desirable
auditory privacy
LEGEND ///
fixed furnishings
F1.1 casework
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF
minimum)
F89 data drop*
F110 digital monitor
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L20 executive chair (8)
L30 conference table (with integrated
technology installations - VGA jacks, data
outlets, power outlets, etc. with associated
infrastructures - floor outlets, etc.)
see DGS Waste Guidelines for waste bin
sizing and quantities
COLLABORATIVE, THOUGHTFUL, SYNERGISTIC, SHARED
138
E-AD-5 /// PRINCIPAL’S OFFICE
F5
F89
F4L20
L5
L12
L1
L7
L13
L11
139
size
200 SF
capacity/users
1-5 people
ancillary spaces
conference room
spatial relationships
near main entry
near administrative assistant
adjacent and access to conference room
goals
to provide an office for the principal to give
instructional leadership in a personal and
organized environment for students, staff,
and community
activities
conferences with staff, parents, and visitors
curriculum development
research and planning
telephone communications
dealing with personnel issues
coordination of school and support
services
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight,
desirable
auditory privacy
view to entrance, parking lot and/or
circulation (optional)
LEGEND ///
fixed furnishings
F4 magnetic marker board
F5 tackable wall surface (6 LF minimum)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (4)
L5 four drawer file cabinet with lateral
dividers
L7 teacher’s lockable wardrobe
L11 adjustable height bookshelves (12 LF)
L12 admin workstation
L13 small table (round)
L20 executive chair
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-5 /// PRINCIPAL’S OFFICE
140
E-AD-6 /// ADMINISTRATIVE OFFICE
F4
L15
L13
L7
L11 L20 L5
L15
L12
F89
141
size
150 SF
capacity/users
1-4 people
ancillary spaces
n/a
spatial relationships
may be located near academic core for
supervision
may be located near administration suite
goals
to provide an office for the assistant principal
or other administrative staff to perform
administrative functions
activities
conferences with parents
student interaction
conferences with individual teachers or small
groups
telephone communications (private)
research and planning
coordination of school and support services
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight,
desirable
auditory privacy
LEGEND ///
fixed furnishings
F4 magnetic marker board (6 LF minimum)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data
drops, phones, desktop computers, and
fax
loose furnishings
L5 four drawer lateral file cabinet with
lateral dividers
L7 teacher’s lockable wardrobe
L11 adjustable height bookshelves (12 LF)
L12 admin workstation
L13 small table (round)
L15 task chair (2-4)
L20 executive chair
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-6 /// ADMINISTRATIVE OFFICE
142
E-AD-7 /// ADMINISTRATIVE WORKROOM
F1.1
F1.1
F4
F5
F6
F130
F7 F1
L53
L54
F89M21M20
143
size
400 SF
capacity/users
2-3 people
ancillary spaces
n/a
spatial relationships
near welcome center
goals
to provide an area for information to be
recorded
activities
copying
collating
sorting of files
preparing communications for mailing
binding reports
telephone communications
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
auditory privacy
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (lockable)
F1.1 casework (mail slots - 12” wide x 6” high
x 15” deep with 65, 80, or 95 total slots)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F89 data drop*
F130 sink
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L53 standing height stool/chair (4)
L54 standing height table
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-7 /// ADMINISTRATIVE WORKROOM
AV & IT equipment
M20 large format printer/copier (NIC)**
M21 large format laminator**
**confirm location and outlet configuration
with DCPS
INTERACTIVE, SOCIAL, COLLABORATIVE, FOCUSED, TEAMING

144
E-AD-8 /// RECORDS ROOM
L22 L5L5
L15
L28
F89
145
size
150 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
near main office
goals
to provide secure, fireproof, and adequate
storage for money, records, and other
valuable items
activities
storing of money and other valuable items
storage of files and records
accessible to administration staff
environmental considerations
uniform and controllable lighting
structurally accomodate load
LEGEND ///
fixed furnishings
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L5 four drawer lateral file cabinet with lateral
dividers (8-10 fireproof file cabinets)
L15 task chair (2)
L22 safe
L28 work table
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-8 /// RECORDS ROOM
146
E-AD-9 /// PARENT RESOURCE CENTER
F1.1
F1 F6 F7
F4
F130
L5 L2
L26
L11
L21
L28
L1
F5
F89
WELCOME
CENTER
147
size
200 SF
capacity/users
1-8 people
ancillary spaces
n/a
spatial relationships
near principal’s office
near welcome center
goals
*only required in title 1 schools, optional in all
other schools
to provide a place for parents to meet and
work when they volunteer at school
to provide a place for parents to store their
personal belongings
to provide a space for parents to check out
and use parenting sources
activities
small group meetings
work area
storage for personal items
parent training
private consultation
parent employment research
volunteer registration
environmental considerations
uniform and controllable lighting
environmental sound control
moisture and stain resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (6 LF
minimum, lockable)
F1.1 casework (wall cabinets)
F4 magnetic marker board
F5 tackable wall surface
F6 soap dispenser
F7 towel dispenser
F89 data drop*
F130 sink
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chairs (10)
L2 stackable/nesting tables
L5 four drawer lateral file cabinet with lateral
dividers
L11 adjustable height bookshelves (20 LF)
L21 work table
L26 refrigerator
L28 lounge chairs
see DGS Waste Guidelines for waste bin
sizing and quantities
WELCOMING, COLLABORATIVE, SOCIAL, COMMUNITY-BUILDING
E-AD-9 /// PARENT RESOURCE CENTER
148
L12
L5
L1
E-AD-10 /// COUNSELOR’S OFFICE
L11
L13
F5
F4
F1.1
F89
149
size
150 SF
capacity/users
2-3 people
ancillary spaces
n/a
spatial relationships
near student services
near welcome center
goals
to provide counseling and other student
support services in a professional
environment that is easily accessible
to students, staff, parents, and the
community
activities
counseling for students and parents
administrative paperwork
enrollment and orientation of new students
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
windows to provide natural light
LEGEND ///
fixed furnishings
F1.1 casework (8 LF)
F4 magnetic marker board
F5 tackable wall surface (6 LF minimum)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (2)
L5 four-drawer lateral file cabinet with lateral
dividers (2)
L11 adjustable height bookshelves
L12 admin workstation and chair (task)
L13 small table (round)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-10 /// COUNSELOR’S OFFICE
CALMING, GENTLE, SUPPORTIVE, PEACEFUL

150
E-AD-11 /// STUDENT SERVICES
L13 L5
L1 L18 L7
F4 F89
L12F1.1 L11
151
size
150 SF
capacity/users
1-4 people
counselors
psychologist
social worker
students and parents
staff
teachers
ancillary spaces
n/a
spatial relationships
near academic core areas
near staff restrooms
goal
provide a flexible space to accommodate
mental health services, counselors, and
small group meetings
activities
one-on-one counseling
group counseling
parent teacher meetings
mental health services
environmental considerations
windows to provide natural light on an
exterior wall if possible
environmental sound control
uniform and controllable lighting
auditory and visual privacy
lite in door for visual access and security
purposes
LEGEND ///
fixed furnishings
F1.1 casework (12 LF, lockable)
F4 magnetic marker board (6 LF minimum)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (2)
L5 four drawer lateral file cabinet with lateral
dividers
L7 teacher’s lockable wardrobe
L11 adjustable height bookshelves
L12 admin workstation and chair (task)
L13 small table (round)
L18 lounge chair (2)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-11 /// STUDENT SERVICES
152
E-AD-12 /// STUDENT SERVICES CONFERENCE
F1.1
F4
F5
L15
L19
F89F110
153
E-AD-12 /// STUDENT SERVICES CONFERENCE
size
200 SF
capacity/users
6-8 people
ancillary spaces
n/a
spatial relationships
adjacent and access to speech and ot/pt
goals
to provide a place for administrative and
student conferences or meetings
activities
conferences with staff, students, parents,
and visitors
environmental considerations
uniform and controllable lighting
environmental sound control
electrical outlets for equipment
auditory privacy
windows to provide natural light
LEGEND ///
fixed furnishings
F1.1 casework (base with wall cabinets,
12 LF, lockable)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F89 data drop*
F110 digital monitor
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L15 task chairs (10)
L19 large table
see DGS Waste Guidelines for waste bin
sizing and quantities
F92
F5
L11
L12
L15
L28
L1
L5
L22
F89
F4
154
E-AD-13 /// AFTER SCHOOL PROGRAM OFFICE
155
size
300 SF
capacity/users
2-4 people
ancillary spaces
n/a
spatial relationships
near public use spaces
near gymnasium and student dining area/
multipurpose
access to main corridor
goals
office and storage area for before/after
school program coordinators
activities
administrative duties
storing and retrieving supplies and
equipment
teaching/tutoring and counseling
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight
LEGEND ///
fixed furnishings
F4 magnetic marker board (4 LF minimum)
F5 tackable wall surface (4 LF minimum)
F89 data drop*
F92 storage shelving (18” deep)
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chairs (4)
L5 four drawer lateral file cabinet with lateral
dividers
L11 adjustable height bookshelves (12 LF)
L12 admin workstation
L15 task chair
L22 safe
L28 work table
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-13 /// AFTER SCHOOL PROGRAM OFFICE
156
F1.1
F130 L68
F5
F7
F6
L15L13
L18
F4
L67
L28
L15
F89F110
E-AD-14 /// STAFF LOUNGE
M50
157
size
400 SF
capacity/users
10-20 people
ancillary spaces
n/a
spatial relationships
near welcome center
goals
to provide a place for teachers,
administrators, and staff to lounge,
collaborate and eat
activities
a breakout space for teachers,
administrators, and staff to lounge,
collaborate, eat and socialize
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
auditory privacy
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving
F1.1 casework (base/wall cabinets and
shelving)
F4 magnetic marker board (6 LF minimum)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F82 drinking fountain with water bottle filler
F89 data drop*
F110 digital monitor
F130 sink
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L13 small table (square/rectangular, 4 seated,
2+)
L15 task chairs (10-20)
L18 lounge chairs (5)
L28 work table (2) (rectangular along the wall)
L67 microwave
L68 refrigerator / commercial with ice maker
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M50 large format printer/copier (NIC)**
**confirm location and outlet configuration
with DCPS
E-AD-14 /// STAFF LOUNGE
RELAXING, REVITALIZING, COMMUNAL, SOCIAL

158
F89
F4
F6
F25
F5
F7
F130
F58
L18
L12
L205
L15
L13
L205
F1.1
E-AD-15 /// WELLNESS / LACTATION ROOM
159
size
200 SF
capacity/users
2 people
ancillary spaces
n/a
spatial relationships
near staff lounge
goals
to provide a space for teachers and
administrators wellness needs including
pumping
activities
wellness and pumping
environmental considerations
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
at each station
auditory privacy
visual privacy
LEGEND ///
fixed furnishings
F1.1 casework (countertop)
F4 magnetic marker board (4 LF minimum)
F5 tackable wall surface (4 LF minimum)
F6 soap dispenser
F7 paper towel dispenser
F25 curtains - ceiling mounted curtains to
provide privacy
F58 under-counter refrigerator with freezer
F89 data drop*
F130 sink
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L12 admin workstation (2)
L13 small side table
L15 task chair (2)
L18 lounge chair
L205 wall hooks (2 minimum)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-15 /// WELLNESS / LACTATION ROOM
COMFORTABLE, SUPPORTIVE, TRANQUIL

160
F89
L11
L206
L207
E-AD-16 /// RESTORATION ROOM
L13
161
size
150 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
near staff lounge
goals
to provide a space for teachers, staff and
administrators designated for relaxation and
restoration
activities
meditation, mindful breathing,
general wellness
environmental considerations
uniform lighting (dimmable light levels)
environmental sound control (water feature,
natural sounds, sound masking)
thermal comfort
nature incorporation
calming colors, textures and forms
visual privacy
electrical outlets
seating arrangements that accommodate a
range of user preferences and activities
(movable and lightweight)
LEGEND ///
fixed furnishings
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L11 adjustable height bookshelf (2)
L13 small side table
L206 meditation chair (2)
L207 yoga mat (2, NIC)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-AD-16 /// RESTORATION ROOM
CALMING, REJUVENATING, NATURAL, UPLIFTING

162
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163
E-HS /// HEALTH SUITE
WAITING AREA
TREATMENT AREA
COTS
OFFICE
TOILET WITH SHOWER
STORAGE
164
Comments //
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific
square footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the
capacity model are: 325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
HEALTH SUITE
Waiting Area
Treatment Area
Cots
Office
Toilet with Shower
Storage
TOTAL
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
150
150
100
100
80
25
150
150
100
100
80
25
150
150
100
100
80
25
150
150
100
100
80
25
150
150
100
100
80
25
605
150
150
100
100
80
25
605
150
150
100
100
80
25
605
150
150
100
100
80
25
605
165
// HEALTH SUITE ADJACENCY DIAGRAM
KEY ///
direct access
linked space
enclosed space
open space
This layout suggests programmatic adjacencies. Final
locations to be determined.
WELCOME
CENTER
LOBBY
ADMINISTRATION
SUITE
HEALTH
SUITE
166
E-HS-1 /// WAITING AREA
WAITING
AREA
COTS
TOILET WITH SHOWER
OFFICE
STORAGE
OFFICE
TREATMENT
AREA
L18 L1 L80
F89
L13
F5
167
E-HS-1 /// WAITING AREA
size
150 SF
capacity/users
1-2 people
ancillary spaces
treatment area
storage
spatial relationships
may be located near academic core for
supervision
may be located near administration suite
goals
administrative and meeting area for health
activities
meeting area for students, parents, or
guardians
administrative activities by school nurse
private conversations
environmental considerations
meet current DOH requirements
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
visual and auditory privacy
visual control to welcome center or corridor
electrical outlets with surge protection
thermostatic controls for the health suite
LEGEND ///
fixed furnishings
F5 tackable wall surface (6 LF minimum)
F89 data drop
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable/nesting chairs (2)
L13 small table
L18 lounge chair (non-porous) (4 per every
300 students, 5 minimum)
L80 brochure display stand
see DGS Waste Guidelines for waste bin
sizing and quantities
COMFORTING, LIGHT-FILLED, SOOTHING

168
E-HS-2 /// TREATMENT AREA
L24
L13
L26
L1 L18 L25
F130 F6
F7
F1 F1.1
F5
F25
F121
L70
F116 F89
L226
L250
169
size
150 SF
capacity/users
1-2 people
ancillary spaces
waiting area
cots
office
toilet
storage
spatial relationships
near welcome center
near lobby entrance
goals
provide school based health services
activities
first aid
consultation with students
health screening
medical treatments
medication administration
student resting while awaiting pick-up by
parent or guardian
environmental considerations
meet current DOH requirements
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
auditory and visual privacy
stain resistant floor covering
sink with hot and cold water
adequate ventilation
locate away from rooms with copiers,
interferes with hearing screening
visual control to waiting area, welcome
center, and cots.
all surfaces and furnishings should be non-
porous for easy cleaning
all doors should be locked for privacy, but
should be lockable from the outside with a
key
natural lighting
electrical outlets with surge protections
coordinate lighting to allow for viewing of
injuries, rashes, etc.
LEGEND ///
fixed furnishings
F1 base/wall cabinets and shelving (place for
refrigerator connected to back-up
generator, lockable)
F1.1 casework (seamless non-porous
counter)
F5 tackable wall surface (6 LF minimum)
F6 soap dispenser
F7 towel dispenser
F25 treatment cubicle curtains - ceiling
mounted curtains to provide privacy
to each cot. Must be easily removable for
cleaning; solid panel for privacy with mesh
at top for ventilation
F89 data drop
F116 sink mounted eye washing station
F121 wall-mounted medication cabinet
(lockable)
F130 sink
loose furnishings
L1 stackable/nesting chairs (2-3)
L13 small table
L18 lounge chairs
L24 mobile exam table
L25 nurse stool
L26 refrigerator (lockable)
L70 ice maker
L226 first aid/itinerant station
L250 waste bin with lid (pedal controlled)
E-HS-2 /// TREATMENT AREA
COMFORTING, CALMING, PROTECTIVE, RESTORATIVE

170
E-HS-3 /// COTS
F25
L1
L27
COMFORTING, CALMING, PROTECTIVE, RESTORATIVE
171
size
100 SF
capacity
2-4 people
ancillary spaces
located near the toilet in the health suite
spatial relationships
located within health suite
near welcome center
near lobby entrance
goals
to provide school based health services
activities
a resting place for students and staff when
feeling ill
environmental considerations
meet current DOH requirements
uniform lighting, areas of soft lighting
environmental sound control
stain resistant floor covering
visual and auditory privacy
adequate ventilation
visual control from office and waiting or
welcome center
adjustable overhead lighting
electrical outlets with surge protection
LEGEND ///
fixed furnishings
F25 treatment cubicle curtains - Ceiling
mounted curtains to provide privacy to
each cot. Must be easily removable for
cleaning; solid panel for privacy with mesh
at top for ventilation
loose furnishings
L1 stackable/nesting chairs (2)
L27 health suite cot (1 per every 300
students, 2 minimum)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-HS-3 /// COTS
172
E-HS-4 /// OFFICE
F5
L11 L5
L1 L12
F89
173
E-HS-4 /// OFFICE
size
100 SF
capacity/users
1-3 people
ancillary spaces
treatment area
storage
spatial relationships
located within health suite
goals
to provide an office for the school nurse to
meet with parents, students, and teachers
to provide an office for the school nurse
to perform administrative functions
activities
conferences with parents
student interaction
conferences with individual teachers or small
groups
telephone communications (private)
research and planning
coordination of school and support services
environmental considerations
meet current DOH requirements
uniform lighting, areas of soft lighting
environmental sound control
electrical outlets for equipment
windows to provide natural sunlight,
desirable
auditory privacy
visibility to cot area (with privacy blinds)
visual connection to welcome center and/or
corridor, if possible
LEGEND ///
fixed furnishings
F5 tackable wall surface (4 LF minimum)
F89 data drop
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chairs (2)
L5 four drawer lateral file cabinet with lateral
dividers (lockable)
L11 adjustable height bookshelves (12 LF)
L12 admin workstation and chair (task)
see DGS Waste Guidelines for waste bin
sizing and quantities
174
E-HS-5 /// TOILET WITH SHOWER
F29
F18F14 F6
F115
F103
F7
F75
F74
F19
F102
F30
F76
F120
175
size
80 SF
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
located within health suite
goals
provide a private bathroom for health suite
activities
personal and health needs for the health
suite
changing clothes
environmental considerations
meet current DOH requirements
uniform and controllable lighting
environmental sound control
adequate exhaust/ventilation
moisture- and stain- resistant finishes
electrical outlets with surge protection
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F29 ADA shower accessories
F30 bathroom sink
F74 coat hook-bathroom accessory
F75 sanitary napkin/tampon dispenser
F76 sanitary napkin/tampon disposal
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelf
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-HS-5 /// TOILET WITH SHOWER
176
E-HS-6 /// STORAGE
F90
F92
177
size
25 SF
capacity/users
1 person
ancillary spaces
located near the toilet in the health suite
spatial relationships
adjacent and access to the waiting area
goals
to provide storage for medical supplies and
equipment
activities
storing chemicals, equipment, and supplies
environmental considerations
meet current DOH requirements
uniform lighting
security of equipment, supplies, and
medicine
security of door
electrical outlets with surge protection
LEGEND ///
fixed furnishings
F90 storage shelving (12” deep)
F92 storage shelving (18” deep)
loose furnishings
n/a
E-HS-6 /// STORAGE
178
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179
E-SD /// STUDENT DINING
STUDENT DINING
CHAIR / TABLE STORAGE
KITCHEN / FOOD PREPARATION
SERVING AREA
DRY FOOD STORAGE
FREEZER / COOLER
WARE WASHING
CLEANING STORAGE
FOOD SERVICE OFFICE
TOILET / LOCKERS
180
Comments //
*Space program has been designed to accommodate a full-service kitchen. Space program should be confirmed by food service professional at time of site-
specific Ed Spec development.
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square footage
requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are:
325 students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
STUDENT DINING
Student Dining
Chair / Table Storage
Kitchen / Food Preparation*
Serving Area
Dry Food Storage
Freezer / Cooler
Ware Washing
Cleaning Storage
Food Service Office
Toilet / Lockers
TOTAL
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2,030
225
650
275
250
250
100
60
150
150
2,500
225
650
275
250
250
100
60
150
150
3,125
225
650
300
300
250
150
60
150
150
4,375
225
650
400
350
250
200
60
150
150
2,030
225
650
275
250
250
100
60
150
150
4,160
2,500
225
650
275
250
250
100
60
150
150
4,610
3,125
225
650
300
300
250
150
60
150
150
5,360
4,375
225
650
400
350
250
200
60
150
150
6,810
181
STUDENT DINING ADJACENCY DIAGRAM
STUDENT DINING
KITCHEN/
FOOD
PREPARATION
SERVING
AREA
CHAIR/
TABLE
STORAGE
FOOD
SERVICE
OFFICE
TOILET /
LOCKERS
SHARED
OUTDOOR
LOADING
DECK
DRY FOOD
STORAGE
FREEZER /
COOLER
CLEANING
STORAGE
WARE
WASHING
EXTERIOR
KEY ///
direct access
linked space
enclosed space
open space
This layout suggests programmatic adjacencies.
Final locations to be determined.
STAGE

F89
182
L99L98
L230
L100
E-SD-1 /// STUDENT DINING
CHAIR STORAGE
FOOD PREP AND
SERVING AREA
OUTSIDE
L39
L41
F4
F64F6
F7
F9
F65
L40
F4
F8
F203
F46
183
E-SD-1 /// STUDENT DINING
size
2,030-4,375 SF
capacity/users
1/3 of capacity per lunch period
3-6 staff members
members of community (after hours)
ancillary spaces
stage
chair/table storage
serving area
spatial relationships
access to outdoors
centrally located
near parking and entry to building
near restrooms
goals
to provide a pleasant atmosphere for
students to eat meals (assume population
served over three lunch periods)
to provide a flexible meeting space for
groups
activities
student dining
school and community programs
meetings, instruction, and activities
environmental considerations
uniform and controllable lighting
adequate ventilation
electrical outlets for equipment
environmental sound control
higher than normal ceiling height
electrical outlets for activities
provide sound system
provide large motorized projection screen
with ceiling mounted projector
configure larger spaces to manage sound
and for multiple users
cleanable building surfaces
good sight lines to all areas of the room
for supervision
window treatment: sunscreen shadecloth
and room darkening shadecloth
outlets and data ports for food bars and
point of sale locations; flush to ground
with cover
natural daylight
sinks near/at entry
exterior dining opportunities
outdoor dining area
ceiling mounted projector and screen not
required where provided at stage
adjacent to student dining
INVITING, SPIRITED, COMMUNAL, SOCIAL

184
E-SD-1 /// STUDENT DINING
LEGEND ///
fixed furnishings
F4 magnetic marker board (one wall
- 16 LF with electric outlet below)
F6 soap dispenser
F7 towel dispenser
F8 wall-mounted interactive electronic
presentation device
F9 sinks (2)
F46 motorized projection screen
F64 filtered water fountain with bubbler and
bottle filler
F65 recycling center (work with food service
staff on location and design)
F89 data drop
F203 ceiling mounted projector
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L39 cafeteria tables (tables and seating
to accommodate 1/3 of school capacity-
vary seating options and heights)
L40 point of sale station
L41 chair dollies
L98 recycling bins
L99 composting bins
L100 waste bins
L230 outdoor furniture (26 seats minimum,
does not contribute to overall dining
capacity)
see DGS Waste Guidelines for waste bin
sizing and quantities
185
E-SD-1 /// STUDENT DINING
This Page Intentionally Left Blank
186
E-SD-4 /// CHAIR / TABLE STORAGE
L41L1
187
size
225 SF
capacity/users
2 people
ancillary spaces
student dining
spatial relationships
may provide back of stage access
goals
to provide convenient storage of dining chairs
and tables to be used for meetings and
performances
activities
storage
environmental considerations
uniform lighting
cleanable and resilient building surfaces
accessibility for moving furniture in and out
LEGEND ///
fixed furnishings
n/a
loose furnishings
L1 stackable/nesting chair (stacked)
L41 chair dollies
see DGS Waste Guidelines for waste bin
sizing and quantities
E-SD-4 /// CHAIR / TABLE STORAGE
188
L102
F103
F38
F33
F69
F34 F41F6
F68F7
F66
F36
F39 F70
F40
F90
F92
DRY FOOD
STORAGE
DINING /
MULTIPURPOSE
CLEANING
STORAGE
FREEZERCOOLER
FOOD SERVICE
OFFICE
F67
F114
E-SD-5 /// KITCHEN / FOOD PREPARATION
189
size
650 SF
capacity/users
15-25 people
ancillary spaces
student dining area
spatial relationships
near loading dock to permit truck access to
docking and storage areas (site specific)
adjacent and access to student dining
near dumpsters
cafeteria serving arrangement
goals
to prepare student meals
activities
preparation of student meals
environmental considerations
uniform lighting
durable seamless flooring
proper ventilation of space to remove cooking
odors
cleanable building surfaces
electrical/plumbing/mechanical
connection for food service equipment
appropriate drainage
natural daylight
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F33 pot washing sinks
F34 food preparation sink
F36 work tables
F38 refrigeration/reach-ins
F39 mop sink
F40 chemical storage
F41 exhaust hood system
F66 oven
F67 convection steamer
F68 range
F69 ware washing machine
F70 mop rack
F90 storage shelving (12” deep)
F92 storage shelving (18” deep)
F103 floor drain
F114 warming cabinet
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
E-SD-5 /// KITCHEN / FOOD PREPARATION
phones, desktop computers, and fax
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
loose furnishings
L102 waste bins with lids (pedal controlled)
see DGS Waste Guidelines for waste bin
sizing and quantities
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
190
E-SD-6 /// SERVING AREA
SERVING 1
SERVING 2
F42 F47
F110
F42 F47
L93
L40
F89
191
E-SD-6 /// SERVING AREA
WELCOMING, ENGAGING, ENERGETIC, INTERACTIVE
size
275-400 SF
capacity/users
6-8 people
ancillary spaces
student dining
kitchen/food preparation
spatial relationships
beginning of serving line should be near
entry door of student dining
goals
to provide serving station for those seeking
meals or snacks
activities
opportunities for education
serving food
environmental considerations
uniform and controllable lighting
cleanable building surfaces
electrical connections for food service
equipment
adequate ventilation
to be secured when not in use
over-head coiling doors with glazed visibility
preferred
LEGEND ///
fixed furnishings
F42 drop-in individual controlled heated
electric food wells and full service sneeze
guard (student height) with over shelf
F47 drop-in self contained refrigerator cold
pan for side items (counter and sneeze
guards are lower than normal for better
viewing and service to elementary
students)
F89 data drop*
F110 digital monitor to face Student Dining
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
loose furnishings
L40 point of sale station
L93 milk coolers
see DGS Waste Guidelines for waste bin
sizing and quantities
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
192
E-SD-7 /// DRY FOOD STORAGE
F12
F12
193
size
250-350 SF
capacity/users
2 people
ancillary spaces
n/a
spatial relationships
near supply storage/receiving
adjacent and access to food prep area
goals
to provide an area for food storage
activities
storage
environmental considerations
uniform lighting
cleanable building surfaces
adequate ventilation
LEGEND ///
fixed furnishings
F12 rust resistant shelving and dunnage
racks (24” deep)
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
E-SD-7 /// DRY FOOD STORAGE
194
FOOD PREPARATION
AREA
E-SD-8 /// FREEZER / COOLER
COOLER
FREEZER
F12
F12
195
size
250 SF
confirm required SF with DCPS Food and
Nutrition Services
capacity/users
2 people
ancillary spaces
n/a
spatial relationships
adjacent and access to food prep area
near the supply storage/receiving
goals
to provide space for manufactured freezer
and refrigerator units to store food for short
periods of time
activities
cold food storage
environmental considerations
uniform lighting
ventilation for refrigeration machinery
equipment
cleanable building surfaces
floor to be flush with adjacent kitchen floor
electrical service for refrigeration equipment
LEGEND ///
fixed furnishings
F12 rust resistant shelving and
dunnage racks (24” deep)
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
loose furnishings
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
E-SD-8 /// FREEZER / COOLER
196
E-SD-9 /// WARE WASHING
STUDENT DINING
F12
NOTE //
This is an example of a ware washing area. Food service equipment will vary
from school to school; confirm requirements with DCPS Office of Food and
Nutrition Services.
197
E-SD-9 /// WARE WASHING
size
100-200 SF
capacity/users
1 person
ancillary spaces
kitchen/food preparation
spatial relationships
adjacent and access to food prep area
near the supply storage/receiving
goals
to clean food service equipment
activities
space and equipment to scrape, wash, dry,
and store food service equipment
environmental considerations
uniform lighting
ventilation to remove steam and
condensation
cleanable building surfaces
floor to be flush with adjacent kitchen floor
electrical service for refrigeration equipment
LEGEND ///
fixed furnishings
F12 rust resistant shelving and
dunnage racks (24” deep)
confirm required furnishings with DCPS Food
and Nutrition Services and Department of
Health
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
198
E-SD-10 /// CLEANING STORAGE
F9.2
F39 F70
199
size
60 SF
capacity/users
1 person
ancillary spaces
kitchen/food preparation
spatial relationships
near the supply storage/receiving
goals
to store chemicals used in cleaning and
maintaining kitchen
activities
storing chemicals and equipment
environmental considerations
uniform lighting
cleanable building surfaces
sensors for spilled chemicals
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F9.2 rust resistant shelving
F39 mop sink
F70 mop rack
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-SD-10 /// CLEANING STORAGE
200
E-SD-11 /// FOOD SERVICE OFFICE
F5
L11
L1 L12
KITCHEN
L5
F89
201
size
150 SF
capacity/users
2-3 people
ancillary spaces
kitchen/food preparation
spatial relationships
adjacent and access to kitchen
goals
to provide an area to keep records and
conduct business
activities
scheduling
administrative duties
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
view of the kitchen
LEGEND ///
fixed furnishings
F5 tackable wall surface
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chairs (2)
L5 four drawer lateral file cabinet with lateral
dividers (lockable)
L11 adjustable height bookshelves
L12 admin workstation and chair (task)
see DGS Waste Guidelines for waste bin
sizing and quantities
E-SD-11 /// FOOD SERVICE OFFICE
202
L102
F103
KITCHEN F18
F14
F6
F115F55
F7
F76F74 F75F50
F19
F102
F30
E-SD-12 /// TOILET / LOCKERS
F120
203
size
150 SF
capacity/users
3-4 people
ancillary spaces
n/a
spatial relationships
located near kitchen/food prep and food
service office
goals
to provide adequate space to kitchen staff for
their health needs
activities
personal and health needs for the kitchen
staff
changing clothing
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 36” and 42”grab bars
F18 mirror
F19 toilet tissue holder
F30 bathroom sink
F50 lockers
F55 locker bench
F74 coat hook-bathroom accessory
F75 sanitary napkin/tampon dispenser
F76 sanitary napkin/tampon disposal
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelf
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
loose furnishings
L102 waste bins with lids
see DGS Waste Guidelines for waste bin
sizing and quantities
confirm required furnishings with DCPS
Food and Nutrition Services and
Department of Health
E-SD-12 /// TOILET / LOCKERS
204
This Page Intentionally Left Blank
205
E-BS /// BUILDING SERVICES
SUPPLY STORAGE
TOILET / SHOWER / LOCKER ROOM
CUSTODIAL OFFICE
MULTI-USER RESTROOM
CUSTODIAL CLOSET
ELECTRICAL CLOSET
MDF ROOM
IDF ROOM
CORRIDORS
MECHANICAL / ELECTRICAL SPACE / DECKS
CUSTODIAL EQUIPMENT STORAGE
CENTRAL STORAGE AREA
RECEIVING AREA
SINGLE-USER RESTROOM
FAMILY RESTROOM
LAUNDRY ROOM
STAFF LOCKER / RESTROOM SUITE
ATTIC STOCK STORAGE ROOM
BUILDING MANAGER OFFICE
206
SPACE QTY
325 STUDENTS 400 STUDENTS 500 STUDENTS 700 STUDENTS
QTY QTY QTYSF SF SF SFTOTAL TOTAL TOTAL TOTAL
BUILDING SERVICES
Supply Storage
Toilet/Shower/Locker Room
Custodial Office
Multi-User Restroom*
Custodial Closet
Electrical Closet*
MDF Room
IDF Room
Corridors*
Mechanical/Electrical
Space/Decks*
Custodial Equipment Storage
Central Storage Area
Receiving Area
Single-User Restroom*
Family Restroom*
Laundry Room
Staff Locker/Restroom Suite
Attic Stock Storage Room
Building Manager Office
TOTAL
1
1
1
--
7
--
1
1
--
--
1
1
1
--
--
1
1
1
1
1
1
1
--
7
--
1
1
--
--
1
1
1
--
--
1
1
1
1
1
1
1
--
9
--
1
1
--
--
1
1
1
--
--
1
1
1
1
1
1
1
--
11
--
1
1
--
--
1
1
1
--
--
1
1
1
1
150
150
225
--
25
--
200
150
--
--
300
--
150
65
80
80
150
250
75
150
150
225
--
25
--
200
150
--
--
300
--
150
65
80
80
150
250
75
150
150
225
--
25
--
200
150
--
--
300
--
150
65
80
80
150
250
75
150
150
225
--
25
--
200
150
--
--
300
--
150
65
85
80
150
250
75
150
150
225
--
175
--
200
150
--
--
300
--
150
--
--
80
150
250
75
2,055
150
150
225
--
175
--
200
150
--
--
300
--
150
--
--
80
150
250
75
2,055
150
150
225
--
225
--
200
150
--
--
300
--
150
--
--
80
150
250
75
2,105
150
150
225
--
275
--
200
150
--
--
300
--
150
--
--
80
150
250
75
2,155
Comments //
*The size and/or quantity of these spaces to be determined through site specific Ed Spec and design, included as part of Gross Up in prototype.
Note: In this document, staff assumptions were made to ensure staff spaces were approximately correct at each capacity model. Specific square
footage requirements and quantity of spaces will be completed during the site specific ed spec process. Assumptions for the capacity model are: 325
students : 51 staff; 400 students : 57 staff; 500 students : 66 staff; 700 students: 81 staff.
207207This layout suggests programmatic adjacencies.
Final locations to be determined.
BUILDING SERVICES ADJACENCY DIAGRAM
MULTI-USER
RESTROOM
** LOCATED THROUGHOUT BUILDING
** LOCATED THROUGHOUT BUILDING
CORE ACADEMICS
ACCESS TO
ALL BUILDING
OCCUPANTS
TEACHER
PREP AREAS /
WORKROOMSADMINISTRATION
PUBLIC AREAS
[STUDENT DINING
GYM]
CUSTODIAL
CLOSET
SINGLE-USER
RESTROOM
FAMILY
RESTROOM
KEY ///
direct access
linked space
enclosed space
open space
MDF
ROOM
LAUNDRY
ROOM
IDF
ROOM**
208
E-BS-1 /// SUPPLY STORAGE
SERVICE COURTYARD
CORRIDOR
CUSTODIAL OFFICE
TOILET / LOCKER /
SHOWER
F3
F3
F3 L36
L41L46
F89
209
size
150 SF
capacity/users
2-4 people
ancillary spaces
n/a
spatial relationships
adjacent and access to loading dock area
and service courtyard
access to corridor
adjacent and access to custodial office
adjacent and access to toilet/shower/locker
room
goals
to store supplies and receive supplies
activities
storage
environmental considerations
supplement heating source
double door with removable mullions
overhead door to service courtyard
LEGEND ///
fixed furnishings
F3 wall shelving (84” high x 36” deep)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L36 flammables storage
L41 chair dollies
L46 step ladder
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-1 /// SUPPLY STORAGE
210
F29
F18
F14
F6
F115F55
F103
F7
F76
F74F50
F19
F102
F30
E-BS-2 /// TOILET / SHOWER / LOCKER ROOM
F120
F1.1
211
size
150 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
located near custodial area
goals
to provide adequate space to custodial staff
for their health needs
activities
personal and health needs for the custodial
staff
changing clothing
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F1.1 casework (narrow countertop)
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F29 ADA shower accessories
F30 bathroom sink
F50 lockers (5-10)
F55 locker bench
F74 coat hook-bathroom accessory
F76 sanitary napkin/tampon disposal
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelf
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
RESTORATIVE, RELAXING, CALMING
E-BS-2 /// TOILET / SHOWER / LOCKER ROOM
E-BS-3 /// CUSTODIAL OFFICE
CORRIDOR
SUPPLY / STORAGE / RECEIVING
F1.1
F5F4
L5
L12
L5
L12
L1
L13
L11
F89
212
213
size
225 SF
capacity/users
2-3 people
ancillary spaces
n/a
spatial relationships
adjacent and access to supply storage/
receiving
access to corridor
near custodial toilet
goals
to provide an area to keep records and
conduct business
activities
conferences with staff and other visitors
telephone calls
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
view of the kitchen
LEGEND ///
fixed furnishings
F1.1 casework (8 LF)
F4 magnetic marker board (4 LF minimum)
F5 tackable wall surface (4 LF minimum)
F89 data drop*
*coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L1 stackable chair (2)
L5 four drawer lateral file cabinet with lateral
dividers (2)
L11 adjustable height bookshelves (12 LF)
L12 admin workstation and task chair (2)
L13 small table
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-3 /// CUSTODIAL OFFICE
F30
F6
F18
F115
F51
F14
F19
F102
F120
F76
F103
F75
F7
F30
F6
F7
F18
F102 F14
F19
F76
214
E-BS-4 /// MULTI-USER RESTROOM
215
capacity/users
students
ancillary spaces
n/a
spatial relationships
near student dining
near public use areas, such as media center
and gymnasium
near academic core areas throughout the
building
goals
provide a restroom to students
activities
personal and health needs for the students
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
natural daylight (maintain privacy)
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F30 bathroom sink
F51 toilet partitions
F74 coat hook - bathroom accessory
(in every stall)
F75 sanitary napkin dispenser
(one per group restroom)
F76 sanitary napkin disposal (in every stall)
F102 toilet
F103 floor drain
F115 hand dryer (2), 1 ADA compliant
F120 floating shelves
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
WELCOMING, ACCOMMODATING, COMFORTABLE, REVITALIZING
E-BS-4 /// MULTI-USER RESTROOM
216
F3
F39
F103
F138
E-BS-5 /// CUSTODIAL CLOSET
217
size
25 SF
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
near large group restrooms
goals
to provide storage for custodial supplies
activities
storage for custodial supplies throughout
the building
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
adequate drainage
LEGEND ///
fixed furnishings
F3 wall shelving
F39 mop sink with hose
F103 floor drain
F138 bottle/chemical caddy storage on wall
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-5 /// CUSTODIAL CLOSET
218
E-BS-6 /// ELECTRICAL CLOSET
F80
219
E-BS-6 /// ELECTRICAL CLOSET
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
dispersed throughout the academic core
areas
goals
provide a safe space for electrical wiring and
panels
activities
space for electrical wiring and panels
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
LEGEND ///
fixed furnishings
F80 electrical panel
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
220
F89
8’-0” MINIMUM
8’-0” MINIMUM
6” MIN36” MIN
36” MIN 36” MIN
M16
E-BS-7 /// MDF ROOM
221
size
200 SF MINIMUM
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
n/a
goals
space for technology needs*
*reference latest OCTO standards to
determine SF
activities
storage
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
LEGEND ///
fixed furnishings
F89 data drop**
**coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M16 telecommunications rack (6” organizers
between all racks)***
***reference OCTO standards
E-BS-7 /// MDF ROOM
222
E-BS-7A /// IDF ROOM
F89
M16
223
E-BS-7A /// IDF ROOM
size
100 SF MINIMUM
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
n/a
goals
space for technology needs*
*reference latest OCTO standards to
determine SF
activities
storage
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
LEGEND ///
fixed furnishings
F89 data drop**
**coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
AV & IT equipment
M16 telecommunications rack (6” organizers
between all racks)***
***reference OCTO standards
224
E-BS-8 /// CORRIDORS
F53
F110F79 F71
F52F8 F72 F79
F53
F72
225
E-BS-8 /// CORRIDORS
activities
circulation space
displaying student work, instructional
material, and information
LEGEND ///
fixed furnishings
F8 wall-mounted interactive electronic
presentation device
(1-2 locations per building)
F52 fire extinguisher
F53 recessed floor mats
F71 tack board
F72 display cases
F79 tackable wall surface
(boards or tack strips) with display space
for each classroom
F110 digital monitor
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
environmental considerations
corridors shall be a minimum of 8 feet wide;
some areas of natural light is desirable; the
designer should minimize long corridors
lined with classroom doors
extended learning areas are in addition to
the minimum above and must not intrude
into the egress pathway. Seating areas
in extended learning areas must meet fire
code.
lobbies are in addition to the circulation
requirement.
instructional and activity areas shall be
accessible by corridors without passing
through another instructional or activity
area.
the corridors are to meet the egress
requirements of applicable codes.
stairs, ramps, and elevators are included
under the corridor category.
it is recommended that stairs in multi-story
buildings not be enclosed unless required
by code. However, such a design should
not allow students to lean over railings
or put arms/legs through posts. Confirm
railing heights.
OPEN, ACTIVE, TRANSPARENT, LIVELY, SPIRITED
226
EXTERIOR
E-BS-9 /// MECHANICAL / ELECTRICAL SPACE / DECKS
227
capacity/users
based on the size of the program
ancillary spaces
n/a
spatial relationships
accessible for maintenance and repair
access to outside
isolate from main area of building
near loading/receiving area
near custodial area
goals
storage for mechanical and electrical
equipment
activities
space for mechanical and electrical
equipment
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
LEGEND ///
fixed furnishings
n/a
loose furnishings
n/a
E-BS-9 /// MECHANICAL / ELECTRICAL SPACE / DECKS
228
E-BS-10 /// CUSTODIAL EQUIPMENT STORAGE
F3
EXTERIOR
229
size
300 SFcapacity/users3-4 peopleancillary spaces n/aspatial relationshipsaccessible for maintenance and repairaccess to outsideisolate from main area of buildingnear loading/receiving areanear custodial areagoals
storage for custodial equipment and
supplies
activitiesnear custodial workroomnear custodial officedirect access to outdoorsenvironmental considerations
fire rateduniform lighting environmental sound controlelectrical outlets for equipment
LEGEND ///
fi xed furnishings
F3 wall shelving (10’-16’, depth may vary)
(all walls)
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-10 /// CUSTODIAL EQUIPMENT STORAGE
230
F3CORRIDOR
E-BS-11 /// CENTRAL STORAGE AREA
231
size
per Ed Spec
capacity/users
3-4 people
ancillary spaces
n/a
spatial relationships
near loading/receiving area
direct access to building circulation
goals
storage of supplies
activities
storage for paper products, utensils,
supplies. etc., to be used throughout the
entire building
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
LEGEND ///
fixed furnishings
F3 wall shelving (26’-32’, depth may vary)
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-11 /// CENTRAL STORAGE AREA
232
F73
EXTERIOR
E-BS-12 /// RECEIVING AREA
233
size
150 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
near food service spaces
near central storage area
near mechanical room
adjacent to loading dock
goals
area to load and receive supplies and food
activities
delivery of materials and goods to be used
throughout the building
environmental Considerations
uniform lighting
appropriate drainage
hose bib
LEGEND ///
fixed furnishings
F73 loading dock levelers and dock bumpers
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-12 /// RECEIVING AREA
234
F102
F103
F115
F7
F74
F19
F14
F75
F14F6F18
F30
E-BS-13 /// ALL GENDER RESTROOM
F76
F120
235
size
65 SF
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
n/a
goals
provide a private bathroom
activities
n/a
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F30 bathrooom sink
F74 coat hook-bathroom accessory
F75 sanitary napkin dispenser
F76 sanitary napkin disposal
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelf
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
COMFORTABLE, RELAXING, CALMING, SECURE
E-BS-13 /// SINGLE-USER RESTROOM
236
F103
F19
F75F115 F74
F14 F76 F77
F7
F6
F18
F78
F30
F102
E-BS-14 /// FAMILY RESTROOM
F120
237
size
80 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
located in the administrative area, but
accessible to all building occupants
goals
provide a private bathroom for families
activities
personal health and handicap needs for all
building occupants
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F30 bathroom sink
F74 coat hook-bathroom accessory
F75 sanitary napkin dispenser
F76 sanitary napkin disposal
F77 mounted child seat
F78 child changing station
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelf
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
WELCOMING, ACCOMMODATING, COMFORTABLE
E-BS-14 /// FAMILY RESTROOM
238
E-BS-16 /// LAUNDRY ROOM
F3
F103
L83 L84
L82
F112
239
size
80 SF
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
near custodial office
near ECE (Pre-K) Academic Areas
goals
laundry services
activities
laundry services
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
secure and lockable door
venting for equipment
plumbing connections for equipment
LEGEND ///
fixed furnishings
F3 wall shelving (10’-16’, depth may vary)
F103 floor drain
F112 laundry sink
loose furnishings
L82 hamper
L83 washer
L84 dryer
see DGS Waste Guidelines for waste bin
sizing and quantities
E-BS-16 /// LAUNDRY ROOM
240
E-BS-17 /// STAFF LOCKER / RESTROOM SUITE
F29
F18
F14
F6
F115F55
F103
F7
F76
F74F50
F19
F102
F30F120
F1.1
241
E-BS-17 /// STAFF LOCKER / RESTROOM SUITE
size
150 SF
capacity/users
1-2 people
ancillary spaces
n/a
spatial relationships
located near administrative area or staff entry
goals
to provide adequate space to staff for their
health needs
activities
personal and health needs for staff
changing clothing
environmental considerations
uniform lighting
environmental sound control
moisture- and stain-resistant finishes
adequate exhaust/ventilation
LEGEND ///
fixed furnishings
F1.1 casework (narrow countertop)
F6 soap dispenser
F7 towel dispenser
F14 grab bars
F18 mirror
F19 toilet tissue holder
F29 ADA shower accessories
F30 bathroom sink
F50 lockers (5-10)
F55 locker bench
F74 coat hook-bathroom accessory
F76 sanitary napkin/tampon disposal
F102 toilet
F103 floor drain
F115 hand dryer
F120 floating shelves
loose furnishings
see DGS Waste Guidelines for waste bin
sizing and quantities
242
E-BS-18 /// ATTIC STOCK STORAGE ROOM
EXTERIOR
F3
243
E-BS-18 /// ATTIC STOCK STORAGE ROOM
size
250 SF
capacity/users
3-4 people
ancillary spaces
n/a
spatial relationships
accessible for maintenance and repair
access to outside if possible
isolate from main area of building
near loading/receiving area
goals
storage for attic stock for repairs/
replacement
activities
storage for attic stock
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
keyed to DGS maintenance
LEGEND ///
fixed furnishings
F3 wall shelving (10’-16’, depth may vary)
(all walls)
loose furnishings
n/a
244
E-BS-19 /// BUILDING MANAGER OFFICE
F5
F89F4
L5
L12
L7
L11
245
E-BS-19 /// BUILDING MANAGER OFFICE
size
75 SF
capacity/users
1 person
ancillary spaces
n/a
spatial relationships
access to corridor
goals
to provide an area to conduct business
activities
scheduling
planning
meetings/teleconference
environmental considerations
uniform lighting
environmental sound control
electrical outlets for equipment
windows to provide natural light, desirable
auditory privacy
LEGEND ///
fixed furnishings
F4 magnetic marker board (6 LF)
F5 tackable wall surface (4 LF)
F89 data drop
coordinate with DCPS on latest IT
infrastructure requirements for data drops,
phones, desktop computers, and fax
loose furnishings
L5 four drawer lateral file cabinet with lateral
dividers
L7 teacher lockable wardrobe (18”x18”)
L11 adjustable height bookshelves
L12 admin workstation and task chair
see DGS Waste Guidelines for waste bin
sizing and quantities

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

EDUCATIONAL SPECIFICATIONS
APPENDIX A
VERSION 2.0
September 2021

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 1 -

DCPS OWNER PROJECT REQUIREMENTS (OPR)

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

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 2 -

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

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

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

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

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

Division 07 – THERMAL AND MOISTURE PROTECTION
• NOT CURRENTLY USED

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 3 -

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 4 -

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

Division 09 – FINISHES
• See Appendix B – Finish Guidelines

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 5 -

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 6 -

o Provide "All Gender Signage" as included below

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 7 -

 BOD: Impact ClearVu Bulk Foam Soap Dispenser. Alternate options must be approved by
DCPS.
o Toilet Paper Dispenser
 Must accommodate a 9” bulk roll (double preferred)
 BOD: Bobrick B-2892
o Paper Towel Dispensers (Located in ECE on-suite restrooms and all classroom sinks)
 All Dispensers shall be an 8” roll
 Please review all dispenser locations with DCPS and ensure that there is enough
clearance to use and replace paper towel rolls.
 BOD: Kimberly Clark H-1131SM
o Hand Dryers (Located in all restrooms except ECE noted above)
 BOD: Dyson Airblade V
o Sanitary/Tampon Dispenser
 Dispensers to be token-operated and adhere to B23-887, “Expanding Student Access to
Period Products Act of 2020.”
 Dispensers to be provided in all multi-user restrooms and student accessed single-user
restrooms in MS and HS.
 Provide dispensers in one multi-user restroom and one student access single-user
restroom in ES.
 BOD: Bobrick B-3706T (recessed/semi-recessed required in modernizations)
 BOD: Bobrick B-2706T (surface mounted acceptable in retrofit applications)
o Mirror
 All mirrors to be tempered.
o Changing Table
 BOD: Horizontal Stainless Steel Recess Mounted KB110-SSRE

• 10 44 13 FIRE PROTECTION CABINETS
o All fire extinguisher cabinets (and defibrillators if provided) shall be fully recessed where
possible.
 DCPS will accept semi-recessed where there are 3-5/8” stud walls
o DCPS/DGS would like to ensure that fire extinguishers are provided in all modernizations even
when a full sprinkler system is included. Besides providing in code required locations, fire
extinguishers shall be provided in all major corridors on each floor.
• 10 51 00 LOCKERS
o Corridor Lockers (student use)
 Provide integral combination lock.
• BOD: #1630 Master Lock
 Double-tier preferred.
 BOD: Guardian Standard 2 Tier

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 8 -

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

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

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 9 -

Division 13 – SPECIAL CONSTRUCTION
• NOT CURRENTLY USED

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

Division 21 – FIRE SUPPRESSION
• NOT CURRENTLY USED

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 10 -

 Typical Toilet – American Standard – Elongated Wall Hung Closet Fixture
• Provide manual flush, not automatic
o Flush Valve
 PreK3-PreK4 (on-suite toilets) – Sloan Flushometer – 111-1.28
 Toilets – Sloan – Manual Exposed Flushometer
 Urinals – Sloan – Manual Exposed Flushometer
o Urinals
 American Standard – Washbrook Urinal
• 22 42 23 COMMERCIAL SHOWERS, RECEPTORS, AND BASINS
o Preference for non-prefab shower units and basins.
o Coordinate drawings to ensure ADA clearances are met.
o Shower mixing valves shall be fully accessible from inside the shower stall.
o Provide smaller tile size in shower areas.
• 22 47 13 DRINKING FOUNTAINS
o All drinking fountains shall include a bottle filler. Review locations with DCPS
 Interior BOD: Elkay Enhanced EZH20 Bottle Filling Station & Versatile Bi-Level ADA
Cooler
 Exterior BOD: 10145 Front Approach preferred, 10485WM if wall mounted. Fountains to
include filtration and freeze-resistance.
o Provide drinking fountain at all major corridors.
o Provide exterior drinking fountains at playgrounds and in proximity to outdoor program.
o Provide bubblers in classrooms and “student-centered” support spaces (resource rooms,
makerspace, etc.) per Ed Spec
 BOD: Elkay Flexi-Guard Classroom Bubbler

Division 23 – HEATING VENTILATING AND AIR CONDITIONING
Provide the following drawings in the DGS Office
• Laminated 8.5" x 11" MEP equipment schedules with makes and models
• Laminated 24" x 36" MEP floorplans
• Laminated 8.5" x 11" valve schedules with corresponding valve locations
• Laminated 24” x 36” HVAC sequence of operations
LG models are not approved
• 23 05 53 IDENTIFICATION FOR HVAC PIPING, DUCTWORK AND EQUIPMENT
o Equipment labels and tags shall be visibly located within the room.
• 23 09 33 ELECTRIC AND ELECTRONIC CONTROL SYSTEM FOR HVAC
o Anticipated Occupancy Schedules
 School Schedule – 8:30 AM to 3:30 PM
 Admin Areas/Library/Gym/Cafeteria
• Optimal Start 2 hours before normal start
• Normal Start 8:00 AM
• Optimal Stop 30 minutes before normal stop

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 11 -

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

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

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 12 -

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 13 -

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

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

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 14 -

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

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 15 -

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

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 16 -

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

Division 31 – EARTHWORK
• NOT CURRENTLY USED

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

Division 33 – UTILITIES
• NOT CURRENTLY USED

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

EDUCATIONAL SPECIFICATIONS
APPENDIX B
VERSION 2.0
September 2021

DCPS FINISH GUIDELINES - 1 -

DCPS FINISH GUIDELINES

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

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

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

DCPS FINISH GUIDELINES - 2 -

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

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

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

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

September 2021
OCCUPANCY
BOD Premium Rubber Flooring (tile) BOD High‐impact gypsum board BOD See General Notes BOD
APP.
ALT LVT APP.
ALT Existing masonry, existing plaster APP.
ALT
Majority should be ACT, designated
areas of gypsum board at entry points
acceptable
APP.
ALT
NOTES Kiln Room (for Art) shall be sealed
concrete, no rubber or LVT NOTES
Utilize accent paint color for at least
one wall (avoid all white walls). Ideally
accent wall should be visible from
corridor. CMU not preferred.
NOTES
Preferred access to VAV boxes is in
storage rooms or corridors, not
classrooms
NOTES Dimmable /See General Notes
regarding Self‐Contained spaces
BOD Premium Rubber Flooring or LVT BOD
High‐impact gypsum board. Provide
transparency between welcome center
and lobby/corridor.
BOD BOD
APP.
ALT
APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
APP.
ALT
NOTES NOTES
Avoid all white walls in high traffic
areas. CMU not preferred. Consider
public art, graphics or a combination
within the welcome center and main
admin area.
NOTES NOTES
Academic Core
Area
(Classrooms,
Small Group,
Teacher
Collaboration,
etc)
No additional comments beyond
"General Notes"
Admin Spaces No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
FLOORING WALLS CEILINGS LIGHTING
No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -3-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Existing wood refinished or LVT BOD High‐impact gypsum board. Acoustical
wall panels BOD BOD
APP.
ALT
APP.
ALT Existing walls APP.
ALT
APP.
ALT
NOTES NOTES Provide black‐out curtains at any
exterior windows. See General Notes NOTES NOTES
BOD Poured Terrazzo BOD High‐impact gypsum board + tile
wainscot (minimum 42‐48" high) BOD BOD
APP.
ALT
Porcelain Tile or Polished Concrete
(select order, new slabs only)
APP.
ALT
Specialty masonry products. Prefer
ceramic tile for wainscot, but will
consider other wall panels such as
wood or metal.
APP.
ALT
APP.
ALT
NOTES
Consider a combination of flooring with
higher cost materials such as poured
terrazzo in select high traffic areas.
NOTES Height and size of tile wainscot will be
reviewed on a project by project basis. NOTES NOTES
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
Auditorium
Corridors
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -4-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Sealed Concrete BOD Moisture Resistant Gypsum Board with
ceramic tile up to 7'‐0" high BOD Exposed Structure / No Ceiling BOD
APP.
ALT Poured Epoxy Resin or Porcelain Tile APP.
ALT CMU APP.
ALT
APP.
ALT
NOTES No additional comments beyond
"General Notes" NOTES Floor to ceiling tile is preferred, with a
minimum of 7'‐0" high. NOTES NOTES
BOD Poured Terrazzo BOD High‐Impact Gypsum Board + Tile
Wainscot BOD BOD
APP.
ALT
Porcelain Tile or Polished Concrete
(select order, new slabs only)
APP.
ALT CMU APP.
ALT
APP.
ALT
NOTES
Where Gymnasium and Dining spaces
are adjacent and connect, provide
Resilient Athletic Flooring
NOTES Acoustical impacts to adjacent spaces
and within the room is a high priority NOTES No additional comments beyond
"General Notes" NOTES
Custodial Closet
Acoustical consideration is top priority.
This can be achieved through lay‐in,
clouds, baffles, etc. Reviewed on
project by project level.
Dining No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -5-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Premium Rubber Floor BOD Medium‐Level Interior Cab Finishes BOD BOD
APP.
ALT LVT APP.
ALT
APP.
ALT
APP.
ALT
NOTES When feasible, match elevator cab floor
to adjacent corridor floor material NOTES NOTES NOTES
BOD Poured Terrazzo + Recessed Walk‐Off
Mat BOD High‐impact gypsum board + tile
wainscot / Storefront Systems BOD BOD
APP.
ALT
Porcelain Tile or Polished Concrete
(select order, new slabs only)
APP.
ALT
Specialty masonry products. Prefer
ceramic tile for wainscot, but will
consider other wall panels such as
wood or metal.
APP.
ALT
APP.
ALT
NOTES Provide recessed walk‐off mats at entry
vestibule and any secondary vestibules. NOTES No additional comments beyond
"General Notes " NOTES NOTES
No additional comments beyond
"General Notes"
Entrances/
Vestibules/
Lobby
Elevator No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -6-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Wood Floor (MS & HS Only) / Resilient
Athletic Flooring (ES) BOD Ground‐face CMU BOD
Exposed Structure / No Ceiling.
Acoustical Decking preferred in new
construction.
BOD
APP.
ALT
Where Gymnasium and Dining spaces
are adjacent and connect, additional
consideration should be provided for
the flooring to allow for both PE and
dining to function
APP.
ALT
Painted CMU, High‐Impact Gypsum
Board
APP.
ALT
APP.
ALT
NOTES No additional comments beyond
"General Notes" NOTES
Acoustical impacts to adjacent spaces
and within the room is a high priority.
Provide as many wall pads as possible
including at columns.
NOTES NOTES
BOD Premium Rubber Flooring BOD High‐impact gypsum board BOD ACT BOD
APP.
ALT LVT APP.
ALT
APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
NOTES
Cleanability and slip‐resistance shall be
considered when selecting tile. Too
much texture makes it difficult to keep
clean.
NOTES NOTES
No Gypsum Bulkheads unless approved
on case by case basis. Curtain track
should be included in base bid and
shown on RCP.
NOTES Ensure lighting does not interfere with
ceiling hung curtains
No additional comments beyond
"General Notes"
Health Services
Gymnasium No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -7-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Poured epoxy flooring with integral
base BOD CMU / Ceramic Tile BOD Vinyl Coated ACT BOD
APP.
ALT
Industrial quality rolled floor (i.e.: Altro
Atlas 40 or Altro Stronghold 30)
APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
NOTES Cleanability and slip‐resistance shall be
considered when selecting. NOTES
Floor to ceiling tile is preferred, with a
minimum of 6'‐0" high. If tile is provided
to 6'‐0" high, provide FRP above and
extend to ceiling. Provide stainless steel
panels as required per cooking
equipment
NOTES Soil Resistance, Scrubability,
Washability NOTES
BOD Premium Rubber Flooring BOD High‐impact gypsum board BOD BOD
APP.
ALT LVT APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
APP.
ALT
NOTES Minimum of two (2) area rugs at ES.
See General Notes NOTES
Masonry walls not approved, existing
masonry walls to remain shall be furred
out.
NOTES NOTES Dimmable
Kitchen No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
Library
DCPS FINISH GUIDELINES -8-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
BOD Porcelain Tile BOD
Moisture Resistant gypsum board +
ceramic or porcelain wall tile. HDPE for
partition types.
BOD ACT (vinyl coated) or GWB if no more
than one access panels is required. BOD
APP.
ALT Poured Epoxy Resin APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
APP.
ALT
NOTES
Cleanability and slip‐resistance shall be
considered when selecting tile. Too
much texture makes it difficult to keep
clean.
NOTES
Floor to ceiling tile is preferred on all
walls, with a minimum of 6'‐0" high. At
a minimum provide tile on all wet walls.
Any exterior windows require opaque
glazing or translucent film for entire
window.
NOTES NOTES
BOD Wood BOD High‐impact gypsum board. BOD BOD
APP.
ALT LVT APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
APP.
ALT
NOTES
For performing arts school, a more
traditional mailable and paintable stage
floor shall be considered
NOTES Provide black‐out curtains at any
exterior windows. See General Notes NOTES NOTES
BOD
Landings: Continuation of corridor
flooring /mid‐landing continuation of
riser and tread material Risers &
Treads: Poured epoxy resin
BOD CMU BOD BOD
Stage No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
Restroom
DCPS FINISH GUIDELINES -9-
OCCUPANCY FLOORING WALLS CEILINGS LIGHTING
APP.
ALT Risers & Tread: Premium Rubber Tile APP.
ALT
High‐impact gypsum board with
minimum of 4'‐0" high tile wainscot
APP.
ALT
APP.
ALT
NOTES
Exit Landing: Walk‐off mat. For specialty
stairs preference is terrazzo tile or
porcelain tile.
NOTES
Consider high gloss for tile. No
horizontal guardrails, only vertical or
panel applications.
NOTES NOTES
BOD Sealed Concrete BOD High‐impact gypsum board BOD No Ceiling BOD
APP.
ALT
Premium Rubber Flooring, Poured
Epoxy Resin, or Porcelain Tile
APP.
ALT
No additional comments beyond
"General Notes"
APP.
ALT
APP.
ALT
NOTES No additional comments beyond
"General Notes" NOTES Provide adequate outlets for AV/IT,
Laptop storage, etc. NOTES NOTES
No additional comments beyond
"General Notes"
Storage Room /
Electrical Room
(IDF‐MDF)
No additional comments beyond
"General Notes"
No additional comments beyond
"General Notes"
Stairwells No additional comments beyond
"General Notes"
DCPS FINISH GUIDELINES -10-

1200 Fi rs t Street, NE | W as h i ngton, DC 20002 | T 202.442.5885 | F 202.442.5026 | d c p s .dc.gov

EDUCATIONAL SPECIFICATIONS
APPENDIX C
VERSION 3.0
October 6, 2021

DCPS DEPARTMENT ONE-PAGERS

-1-

DCPS DEPARTMENT ONE-PAGERS

TABLE OF CONTENTS

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
A. DATA/IT

DCPS DATA / IT

A-1

A: DATA / IT

General Notes
For specific model numbers for interactive boards, panels, copiers, and other equipment, please refer to
Appendix A – Owner Project Requirements. Refer to Educational Specifications for additional information on
locations and quantities. Specific device count will be verified and confirmed for each school by DCPS based on
the table below.

1. Copier Locations
1A. Locations and type of copier should be confirmed with each school as they require specific
outlet configuration and school input.

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

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

DCPS DATA / IT

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
B. EARLY CHILDHOOD EDUCATION

DCPS EARLY CHILDHOOD EDUCATION

B-1

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

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

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

NAP ROOM

DCPS EARLY CHILDHOOD EDUCATION

B-2

1B. Diapering, Toileting Areas, and Hand Sinks (Infant and Toddler only)
• Provide at least one (1) changing table for every ten (10) children that are not independently
using toilet facilities, based on the license capacity of the facility (OSSE requirements for any
additional information). Changing tables should be built in.
o DCMR Title 5-A, Chapter 1, 123.7: A licensee shall ensure that changing tables have
impervious, nonabsorbent, smooth surfaces that do not trap soil and are easily
disinfected, are sturdy and stable to prevent tipping over, are at a convenient height for
use by facility staff, and are equipped with railings or barriers.
o NAEYC 9.A.01.a: Equipment and furnishings for diaper changing and changing soiled
underwear or other clothing are located away from food preparation areas.
o NAEYC 9.A.01.b: Hand-washing sinks are within arm’s length of diaper changing tables.
• (Toddler only) Provide at least one (1) flush toilet and one (1) sink for every ten (10) children
(OSSE requirements for any additional information)
• There must be two hand-washing sinks for adults which are separate from one another – one
for toileting, diapering, and first aid hand washing and one for food prep and all other hand
washing
• Provide waste receptacles that have a hands-free opening mechanism
• Install finger-pinch protection devices on doors, cupboards, cabinets, and gates that are
accessible to children (except on doors, cupboards, cabinets, and gates that are fully closed and
locked)

1C. Casework/Built-in Shelving (Infant and Toddler only)
• Built-ins are ideal for spaces with very young children as it lessens the pieces of furniture in the
space that need bolting and, in most cases, better utilizes wall space
• Provide a minimum of two tack boards with wooden borders in each classroom-as well as
several in the hallways or entry areas
• Provide lockable cabinets to store food, cleaning supplies, children’s supplies, etc.
• Ensure there is a lockable closet to secure toys and materials not currently in use and staff
belongings (NAEYC 9.C.02.c: The work environment includes a secure place for staff to store
their personal belongings.)

2. Interior Space Needs (Health and Outdoor Space)
2A. Adult staff spaces
• DCMR Title 5-A, Chapter 1, 123.2: A center shall provide bathroom facilities for use by adults
separate from those used by children / NAEYC 9.C.02.b: The work environment includes an
adult-sized bathroom.
• NAEYC 9.C.02.a: The work environment includes a place for adults to take a break from children
/ NAEYC 9.C.02.b: The work environment includes an administrative area for planning or
preparing materials that is separated from the children’s areas.
2B. Indoor play space
• Consider appropriate classroom space and indoor play space (in the event of inclement
weather) to allow children daily opportunities for physical activity
.

DCPS EARLY CHILDHOOD EDUCATION

B-3

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

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

• Playground Square Footage
o NAEYC 9.B.04.a: Provide at least 75 square feet of outside play space for each child
playing outside at any one time. The total amount of required play space is based on a
maximum of one-third of enrolled students outside at one time.
• Playground Enclosure and Exits
o DCMR Title 5-A, Chapter 1, 125.6: Provide ability to enclose the outdoor play space with
a fence or natural barrier that shall be at least 42” high with a space no larger than three
and one-half (3½) inches between its bottom edge and the ground, and designed to
prevent climbing.
o DCMR Title 5-A, Chapter 1, 125.7: Provide at least two (2) exits from each outdoor play
space. At least one of these exits shall be remote from the facility buildings.
o DCMR Title 5-A, Chapter 1, 125.8: All outdoor gates have positive self-latching closure
mechanisms that are at least four (4) feet off the ground or constructed in a manner so
that they cannot be opened by a preschool-age child.

3C. Outdoor space for a garden (desired)
• Also refer to “Site and Plantings”

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

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

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

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

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B: Early Childhood Education (ECE) – PreK3 and PreK4

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

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

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

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

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B-6
along
the rear walls of classrooms (opposite windows). Bear in mind that children’s
clothing is usually much more colorful than that of adults, and their toys and art
add a great deal of color to the environment. Too little color is better than too
much in an environment where children will spend a great deal of time.” (Head
Start Design Guide, page 114)
• Built-ins should be avoided, except coat cubbies
o Teachers in Pre-K need to be able to regularly reconfigure the furniture in their
classrooms to accommodate new study topics that begin every 8 weeks
o Low, free standing shelves are used to create separate learning centers,
oftentimes by arranging shelves into “triads”
o Coat cubbies should be located against walls to avoid creating any supervision
challenges
o Avoid installing cubbies in a u-shape, or in parallel rows, because this
creates areas of the room where children cannot be easily seen
o
o There should be space to easily label each coat cubby with a child’s name and/or photo.

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

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

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

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

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

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

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

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

4. Furniture
4A. Pre-K classrooms should be designed primarily for use by children with very limited
“teacher space”. If teacher desks are present, they should be no longer than 48”.

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
C. FOOD AND NUTRITION SERVICES

DCPS FOOD AND NUTRITION SERVICES

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C: FOOD AND NUTRITION SERVICES

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

1B. Prep Items
• Walk-in Freezer and Coolers shall be included on the generator
• No door is needed between food prep and ware washing, minimum 42” opening only

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

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

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

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

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

DCPS FOOD AND NUTRITION SERVICES

C-2

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

4. Delivery Access and Security
4A. Door size/type for deliveries
• Minimum 42” to 48” max in width
• Single door preferred in lieu of double door
• Provide solid door with peep hole
• Provide adequate weather striping and bottom sweep per DOH requirements

4B. Typical Deliveries
• Delivery truck sizes include:
o Full Truck (53’ max) / Van (16’ average “Sprinter”) / Straight Truck (26’ Straight)
• Food produce – 2x per week, 26’ Straight Truck
• Bread – possible 1x per week, 16’ Sprinter Van
• Milk – 2-3 times a week, 26’ Straight Truck
• Dry Foods – 1x or 2x per week depending on volume, up to 53’ full truck

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
D. HEALTH AND PHYSICAL EDUCATION

DCPS HEALTH AND PHYSICAL EDUCATION

D-1

D: HEALTH AND PHYSICAL EDUCATION

Refer to Educational Specifications for additional information

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

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

1C. Specialty FFE/Applications
• Climbing Wall: maximize space and locate where possible
• Ideally one 30’-40’ continuous segment is preferred, but two (2) split 20’ segments is
acceptable
• Basketball hoops: retractable and ceiling mounted, not portable unless approved by DCPS
• Volleyball: recessed floor sleeves for poles
• Archery
Provide secure (lockable – NASS.org) storage for bows and arrows in PE Storage
o Motorized archery net (20’ – 25’ wide)
o Target should be 1 meter from net. Then stand up to 15 meters away

2. Elementary Program Level Needs
2A. Gym Floor Striping
• Basketball (DARK color guides) and volleyball (LIGHT color guides)
• Grids 10’ x 10’ grid. (should be light in color; used for instructional/directional purposes)

2B. Bike Program
• Balance Bikes (ECE)
o PreK-3 and PreK-4 = 20 bikes ( https://burley.com/product/my-kick/)
o Provide bike storage space/area/shed near ECE wing or outside
• 2nd Grade Bikes
o 25 w/ pedals (a mix of 16” and 20” bicycles), 5 non-pedal
o https://www.rei.com/product/129551/diamondback-jr-viper-20-boys-bike
o Provide storage solution in close proximity to the gym

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

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

DCPS DEPARTMENT ONE -PAGERS

APPENDIX C
E. LIBRARY PROGRAMS

DCPS LIBRARY AND MEDIA SERVICES
E-1
E: Library Programs General Notes Elementary through High School Program Level Needs • Two full classes should be accommodated at any time: o One: one-full class accommodated with tables and chairs and located near interactive whiteboard o Two: one-full class accommodated in a variety of soft seating for reading time • Shelving height accessible for all students
1. Technology 1A. Outlet/Technology Requirements • Electrical access throughout for mobile charging including in workroom/office • Maximize electrical outlets through space to allow for student charging (ie, columns, perimeters, etc) 1B. Opac Catalog Stations • Two (2) student computers dedicated to OPAC searching should be include in the library: one at the circulation desk and the second throughout the LMC space 1C. Devices • Minimum of one district standard interactive board • Dedicated printer station apart from circulation desk • Dedicated two (2) student desktops as noted in 1B • Provide one (1) staff desktops at circulation desk 2. FFE 2A. Circulation Desks • Moderately sized; located in close proximity to entrance/exit • Should be placed with maximum sight lines for the space • Height of the desk should take in to consideration the size of the students as well as all ADA guidelines • A book drop and book cart should be included 2B. Book drops • In addition to the book drop in the circulation desk, a second lockable book drop should be accessible from the hallway outside of the library o A second book cart should be provided to collect the books from the second book drop location 2C. Soft seating • Should be easily cleaned and sized proportional to students • Provide soft seating throughout all spaces (encourages students to read independently and to collaborate)

DCPS LIBRARY AND MEDIA SERVICES
E-2
2D. Marker Boards • Provide in each small group room • Provide minimum of two white boards in reading/learning/circulation area 2E. Mobile furniture and shelving on casters that allows for flexible use of space o Shelving located within the space (not along the perimeter) shall be low shelving (42-48” max) to allow for visibility throughout o Shelving located along perimeter walls can be increased to 5’-0” high if desired and needed to meet book count 3. Space Needs • Lighting appropriate to task with ability to dim separate zones • Visual control throughout
• Areas for small group and large group instruction
• Areas for informal small group interaction • If library extends on multiple floors, provide lockable doors at all entrances/exits • If library extends on multiple floors, providing Conference Room/s at levels others than the main level is acceptable 4. Maker Space Needs • Priority of Maker Space to be on level of reading/circulation 5. Shelving Requirements General Notes When determining type and placement of shelving, consider the following: • Consider shelf height and arrangement to promote maximum visibility of students and accessibility to resources • Freestanding, mobile double-faced stacks placed in rows of 4-6 sections is the preferred stack arrangement o All shelving must have a full back and be fully adjustable with no lip that prevents access to books. • Counter height shelving may be used for picture books, reference books and to create special interest areas
• Shelves should be able to accommodate a variety of formats and heights of books
• School libraries serving young students benefit from front-facing shelving bins for picture books (record album style) to ease browsing and increase agency 5A. Calculating Shelving Dimensions • Shelving is calculated as the maximum capacity of the building X20 books/student • To calculate the linear feet of shelving needed, use the following:
o Picture/thin: 20 books per foot (~25% of collection) o Standard size: 9 books per foot (~75% of collection) o Reference books: 6 books per foot (verify existing collection and accommodate)

DCPS LIBRARY AND MEDIA SERVICES
E-3
o Periodicals: 1 per foot for display purposes (verify existing collection and accommodate) 5B. Shelving Dimensions- Depth • When determining depth of shelving, consider the following: o Use minimum 10-inch shelf depth for standard size books o Use minimum 12-inch shelf depth for picture books, reference books, and periodical and audiovisual storage o Equipment storage will require 18-24-inch shelf depth

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
F. OPERATIONS

DCPS OPERATIONS
F-1
F: OPERATIONS General Notes The following guidelines should be noted during building and site design. Operational Manuals are also referenced below. 1. Custodial closet locations • Minimum 1 per each floor; located near bathrooms • Provide open shelving for supply storage per closet 2. Mop holders/drain locations • Provide standard holders (see Appendix A – OPR) • Provide shelving 3. Toilet Accessories • See Appendix A – OPR 4. Outlets throughout corridors • Locations to be determined by building size • Provide every 25ft-30ft due to limitations in vaccum/cleaning equipment cord lengths 5. Cleaning equipment • Contractor to provide recommendation from flooring sub-contractor based on final floor selection • DCPS Ops team/school Operations staff will review recommendations and confirm desired quantities 6. Exterior signage needs • Signage package to include signage for playgrounds, fields, and public accessed entrances • Digital marquee desired (DCPS is currently in discussions with HPO to standardize the DCPS marquee and create a prototype) 7. Fob count • Provide one (1) for each full-time employee + 10% minimum for projected full-time staff o DCPS to confirm full percentage increase based on projected student enrollment 8. Cell phone lockers • Specific type to be determined by individual school leadership 9. Railings • Interior guardrails that connect one or more floors shall be 48” (this is in lieu of the 42” minimum code requirement) 10. Entry points / Main Entry / Secondary Entry • If secondary entrance is provided, signage is needed (there will be a time when the secondary entrance is closed off and only the primary entrance is used

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
G. SECURITY

DCPS SECURITY

G-1

G: SECURITY

General Notes:

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

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

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

DCPS SECURITY

G-2

DCPS Security System and installer specifications

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

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

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

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

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G-3

2. PACS

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

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

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

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

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

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

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

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

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

DCPS SECURITY

G-4

IT Requirements
o SEE OPR and IT Guidelines

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
H. SITE AND PLANTING DESIGN

DCPS SITE AND PLANTING DESIGN

H-1

H: SITE AND PLANTING DESIGN

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

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

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

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

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

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

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

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

DCPS SITE AND PLANTING DESIGN

H-2

3E. Plantings
• When selecting plants, consider the right plant for the right space; consider shade, views,
adjacent walkways and windows, etc.
• Provide Native plants; adaptive species ok, if not invasive; low maintenance (doesn’t need
heavy pruning, fertilizing, or fussing).
• Include plants with a high biodiversity (attracts birds and other wildlife with food and
shelter).
• Consider edible permaculture where appropriate with garden programming, but ensure that
any fallen fruit will not fall on walkways or other adjacent hardscape
• Avoid plants with thorns (or rosebushes at all); nothing toxic (yews, etc)
• Avoid tall shrubs that present a hiding spot or otherwise compromise site security
• Maximize tree plantings; cluster different height trees (shade and understory) together in
beds rather than spacing them equidistant within lawns. (Tree trunks are prone to damage
from mowers and trimmers)
• Consider depth of mulch and replenishment mulch when designing finish grades. (Mulch
ends up washing over walkways and playgrounds when too much is mounded up over time)
• Plant in drifts (but not monocultures) to make it easy for volunteers/users to recognize what
belongs and what does not.

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

4B. Trees no larger than 2” diameter

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

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

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

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

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

DCPS SITE AND PLANTING DESIGN

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

5. Playgrounds

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

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

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

DCPS SITE AND PLANTING DESIGN

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

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
I. VISUAL AND PERFORMING ARTS

DCPS VISUAL AND PERFORMING ARTS

I-1

I: VISUAL AND PERFORMING ARTS

Refer to Educational Specifications for additional information.

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

1B. Furniture
• Provide 9’x12’ rug (Elementary Level only)
• Tables should be easily movable
o Elementary School Program level: Provide adjustable tables
o Middle/High School Program levels: Adjustable height tables not required
• Provide adjustable height stools (no castors)

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

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

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

2C. Furniture
• Provide 9’x12’ rug (Elementary Level only)

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

3B. Furniture
• No risers

DCPS VISUAL AND PERFORMING ARTS

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

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

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

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
J. TRAFFIC GARDENS

1
Section I: DCPS Appendix C
Traffic Garden One-Pager
DCPS Traffic Garden Background
Information
A traffic garden is a small-scale traffic-style
network installed outdoors for active learning
and imaginative play. This document informs the
considerations for installing a traffic garden on
elementary school sites. Background information
is provided in this section including:
• Principles behind traffic gardens
• Features and equipment to support
programs and activities
• Best practices for a range of considerations
• Roadway educational elements
General Principles for a Traffic Garden
Traffic Gardens are scaled-down streets
assembled into a continuous network following
real-world roadway configurations and traffic-
style signs and markings. Features and elements
are reduced-size versions of public street
infrastructure that is simplified and sized for
students ages 3-12. They should also be attractive
in their appearance. Color and other artistic
elements can create a mini-world for children.
Traffic gardens are composed of the following key
elements: streets, intersections, sidewalks, and
loose parts.
• Streets and Intersections are designated
through use of striped pavement
markings. Streets connect at various
intersection types: four-way or three-way
intersections or at roundabouts. There
should be a minimum of one intersection
each featuring STOP and YIELD details.
Other markings include crosswalks,
arrows, stop bars, and yield marks.
• Sidewalks: add complexity to user
interaction and can be designated
through striped pavement markings or
painted asphalt.
• Loose parts: refer to reduced-sized road
signs, which should be free-standing
and portable and are to be provided in
conjunction with the installation.
The following considerations should be made to
ensure a complete traffic garden design:
• Accommodation of Devices: Streets,
storage, and assembly areas should
accommodate use by students on foot
or on balance bikes, 16” and 24” two-
wheelers, and/or recumbent trikes.
Streets should be maneuverable for
several riders at a time on these devices
while also accommodating easy turns and
well-spaced intersections; there should
be no square corners or hairpin turns.
Design on streets and spacing should also
consider adult instructors and supervisors
within the traffic garden area.
• Accessibility: Barrier-free layout is
required for students with extra mobility
needs or those using other wheeled
devices (e.g., wheelchair, recumbent
trike).
• Storage: Storage is needed for protection,
security, and orderliness for portable
signs, balance bikes, and other ancillary
items.
Summary of Best Practices
Best practices and other practical considerations
that should be incorporated into traffic garden
design are listed below:
• Environmental: Consider impacts from
overhanging trees and areas prone to ice.
• Safety Buffering & Obstacle Avoidance:
Keep clear space or shy distance between
streets and fencing, walls, public street,
doorways, or structures (6’-9’ distance
if possible) and avoid areas with fixed
objects, corners, protrusions, steps,
and poles. Select a site away from
trash storage or roadway with truck
movements.
2
• Orientation: Integrate traffic gardens with
playground areas, running loops, and
assembly areas while optimizing travel
distances from gym, Pre-K classrooms,
and storage area. Coordinate approaches
to doorways, paths, gates, and storage.
• Comfort: Implement benches and shaded
areas for accompanying adults.
• Gathering: Add color or other identifiers
to surfaces to aid with directing students.
• Wayfinding & Information Support:
Include maps and street names as part of
additional surface features. Add lessons
or instructional cues as additional surface
features. Provide site name, maintenance
directions, and safety instructions.
• Surface: Install streets on hard surfaces.
High-quality asphalt surfaces are the
preferred option although poured in
place rubber surfaces can serve as an
alternative also.
Roadway Educational Elements
Key roadway elements that should be
incorporated into traffic gardens are listed below
and described in more detail in the following
section (Traffic Garden Guidance). These elements
all provide unique educational opportunities for
students.
• Stop Intersection: Intersection featuring
stop bars and STOP word (surface
marked) plus stop signs (portable) on all
approaches.
• Yield Intersection: Intersection featuring
yield markings and yield word (surface
marked) plus yield signs (portable) on all
approaches.
• Roundabout: Single travel lane around
circle, anti-clockwise direction.
Yield markings and yield word on all
approaches.
• Two-way streets: Lane striping and
directional arrows
• One-way streets: Lane striping and
directional arrows, one-way sign
(portable)
• Pedestrian Crossing: Pedestrian crossing
bars (marked at intersection or mid-
block)
• Other markings: Arrows, curb ramps,
medians, islands, bicycle lane symbols
DCPS Traffic Garden Guidance
This section covers recommendations for putting
together traffic gardens. The specific guidance is
calibrated to maintain both layout appearance
and ability of students to bike. Information is
organized into the following sections:
• Specific guidance for traffic garden
network components
• Surface considerations and
recommendations
• Traffic garden color guidelines for paint or
markings
Traffic Garden Network Components
Key elements of a traffic garden are described in
detail on the following pages . Table 1 identifies
primary dimensions for these elements. Some
values are adjustable upwards on a case-by-case
basis. For example, corner radii can be increased
proportionately for applications when streets are
scaled wider for older users. However, in most
cases it will not be possible to use lower values
than recommended due to the already reduced
sizing deployed.
3
Traffic Garden Elements Recommended Dimensions and Spacing
Streets Two-way street or multi-lane segment: 3’-4’ wide travel lanes
One-way street (single through lane): 4’ wide travel lane (minimum)
Intersection Spacing
Intersections with controls: at least 20’ apart
Intersections with no controls: 12’ apart minimum
Crosswalks Crosswalk bar width: 6” with 6” space between bars
Roundabouts
3’-5’ (typical) but can be increased to create a larger roundabout.
Roundabout travel lane width: 4’-5’ (as measured from outside
edge of central circle).
Sidewalks Sidewalk: 2’-3’ wide (typical)
Buffer between travel lane and sidewalk (if present): 2’ wide
Stop Markings ‘STOP’ letter height: 6”
‘STOP’ word width: 21”
Yield Markings
Triangle base: 4”-6”
Triangle height: 1.5 x base dimension
Triangle spacing: 3”-4” apart
‘YIELD’ word width: 24”
Loose Parts (Signs)
Sign head: 10”-12” wide
Sign post: 48” high
Portable base weight:15-25 pounds
Note: Edge of sign base should be positioned a minimum of 1’ clear
of street lane edge or beyond painted sidewalk
Buffer
All ridable and walkable elements should have a shoulder or buffer
of not less than 6’ but preferably up to 9’, between the riding space
and a vertical element such as a wall or fence.
Table 1 Traffic Garden Elements
Streets
Where there is only a single travel lane (such as
for a one-way street segment), the minimum
lane width is wider than where there are two or
more lanes (e.g., two-way street or multi-lane
configuration). Specific dimensions are listed in
Table 1 above.
Intersections
There are different ways to configure intersections
depending on the number of lanes on the
approach as well as what signs and markings
direct users (i.e., controlled) or when signs and
markings are absent (i.e., free-flowing). The
image and recommendations below describe
considerations in intersection design. In general,
the following types of intersections should be
included within a traffic garden network:
• Roundabout/yield controlled (min.1)
• T-intersection /stop/yield/free-flow (min. 1)
• 4-way/free flowing/no controls (no min.)
4
Intersections should have rounded corners
to assist turning movements and incorporate
standard pedestrian striping color conventions
(white painted bars against pavement, evenly
spaced across width of street). Unlike in
real-world intersections, many traffic garden
intersections can be designed to be free flowing
(i.e., with no stop or yield controls).
Crosswalks
Crosswalks can be located at intersections and/
or between intersections at mid-block crossing
locations. Painted crossings add interactions
between those walking and biking. Crosswalks
should have solid white surface ‘ladder’ markings
(i.e., painted bars) across the street width; they
should be aligned with sidewalks and curb ramps.
Painted islands and medians
Painted islands and medians can be incorporated
along traffic garden streets and at intersections.
Islands should be indicated with evenly spaced
hatched stripping lines, and yellow paint should
be used to denote areas separating travel
directions. Circles within roundabouts are a
special type of island that can be painted in a
solid color or decoratively. Sand or a similarly
textured product can be used on median surface
paint or markings to increase traction.
Roundabouts
Roundabouts allow riders to easily change
direction of travel. They can be configured for
approach streets. Each street should have only a
single travel lane entering the roundabout, travel
should be counterclockwise only, and directional
arrows should be included to identify the traffic
flow. Roundabout center circle dimensions can
be increased, but recommended widths are
identified in Table 1 above.
Sidewalks
Sidewalks can be added to traffic gardens to
provide further detail and complexity to streets.
The addition of this element can help teach street
crossing protocol to children and help encourage/
guide students not on bicycles to stay to the
side of the traffic gardens. Curb ramps can also
be represented at sidewalks’ interaction with
crosswalks. These curb ramps should be sized
to match or fit within the width of the sidewalks
and can be indicated through use of red or yellow
solid block of color (Figure 3). Dimensions for
sidewalks are listed in Table 1. There are several
options for representing sidewalks in traffic
gardens, listed below and illustrated in Figure 4.
Figure 1 Intersection
Figure 2 Roundabouts
5
Figure 3 Curb Ramps
Figure 4 Sidewalk Style Options
1. White/gray line parallel to street edge
2. White/gray line parallel to street edge
plus adjacent contrasting background
3. Solid gray as entire sidewalk width plus
adjacent contrasting background
4. Solid contrasting color as entire sidewalk
width
Stop Markings
At intersections, stop markings typically include a
Stop Bar and the word ‘STOP’. STOP word should
be centered within the travel lane and precede
the stop bar (as shown in Figure 5). For traffic
gardens, STOP markings should be used sparingly
to minimize stop/starts for riders. When used,
STOP markings should be used in coordination
with crosswalks on intersection approaches, and
traffic garden functionality can be enhanced
through use of portable small-scale stop signs.
Dimension recommendations for Stop Marking
are included in Table 1.
Yield Markings
Yield markings are used in coordination with
roundabouts and mid-block pedestrian crossings;
they are meant to indicate the point where
riders yield to those already riding. The markings
themselves consist of a row of solid-white
triangles on an approach lane (pointed end of
triangle is opposite the direction of travel) along
with white word ‘YIELD’ which should precede
the triangle yield markings and be centered
in the approach lane. Figure 6 illustrates the
appearance of Yield markings while Table 1 lists
recommended dimensions.
Figure 5 Stop Markings
6
Traffic Garden Signs
Traffic garden education and operations can
be improved using signs within the site. Signs
should be scaled-down versions of typical
MUTCD standard signs, with standard shape and
colors as defined in MUTCD. The following sign
types should be included in traffic gardens and
manufactured at a reduced scale (recommended
sizes noted in the Table 1 Traffic Garden Elements
above). Any additional traffic signs added should
also be scaled-down versions of MUTCD signs.
• Stop sign (R1-1) (1/approach lane at ’stop’
controlled intersection)
• Yield sign (R1-2) (1/approach lane at
roundabout)
• Pedestrian crossing sign (W11-2) (3 x 2 sign
sets, add as pairs)
• White/black regulatory – one way (R6-2),
speed limit (R2-1)
• Railroad crossing sign (R15-1) (optional)
• Roundabout sign (R6-5P) (1/per approach
at roundabout, optional)
Sign heads should be engineer-grade aluminum.
Signs should be firmly affixed to a post that
is contained in a portable base. The base is
weighted to ensure that the sign assembly stays
in place during use and wind conditions. Sign
assembly can feature a wheeled base to assist
with set-up. Otherwise, hand trucks are to be
supplied for moving assembled signs between
traffic garden positions and storage shed.
Note: Letters and numbers below sign are
MUTCD identifiers and are used for ordering
Traffic Garden Striping & Markings
Pavement markings should be highly visible
against the traffic garden surface. Traffic-grade
acrylic paint is recommended (Thermoplastic or
Street Bond are other suitable marking products),
while traffic paint formulations that enhance
nighttime reflectivity are not necessary.
For streets, yellow striping separates travel
directions while white striping separates travel
lanes. Silica sand or other textured products can
be used to add friction on markings’ surface and
prevent slipping. Table 2 outlines appearance and
recommendations for pavement striping within
traffic gardens.
Figure 6 Yield Markings
Figure 7 Traffic Garden Signs
7
Pavement Striping Details
Use traffic-grade acrylic paint products,
formulated for use on the selected surface:
• Centerlines: single or double yellow
lines (solid or dashed), 2” wide (3”
max.) – maintain consistent space
between double centerlines along
length of street
• Single dashed white 2” wide lines
between lanes
• Outside street edges: solid white lines,
2” wide
Other Pavement Markings
Typical arrows: straight ahead, roundabout, left-turn
• Locate centered within lanes
• Use white paint and scaled-down traffic stencils to apply painted arrows
• Size proportionately for lane width
Bike symbol:
• Locate centered within lanes
• Use white paint and scaled-down traffic stencils to apply symbol
• Size proportionately for lane width
Bike box:
• Designated on-street space at head of travel lane used at ‘stop’ controlled intersection only
• Use green paint and include on-street bike symbol (using scaled-down traffic stencil)
• Bike Box Width: should equal that of the approach lanes
• Bike Box Depth: 2-3’
Railroad crossing:
• Add painted railroad crossing at a mid-block
location
• Mark approach lanes in each direction with
large X and two R’s
• Rail track line: 4” width; Rail sleeper bars: 8”
width
• Sleeper bars: extend at least 4”-6” beyond
track on both sides
Other Imaginative Playspaces:
Additional spaces can be utilized to include other real-life and artistic painted elements like building
outlines or trees.
Table2 Traffic Garden Striping

8
Surface Considerations &
Recommendations
In general, a traffic garden should not have any
steep riding surface slopes, and traffic garden
streets should be free of dips. The paved surface
should allow proper drainage of stormwater
and should not have areas of pooling. Special
attention is needed at surface transitions where
adjacent materials may settle at differing rates
over time creating an irregular edge.
Asphalt
The most desirable base material for traffic
garden surfaces is asphalt, as it allows for
smooth and joint-free bicycle riding. Asphalt
most closely resembles the actual physical
surface of streets and trails. Asphalt, as a non-
specialty material, generally has a low overall
cost. Light-duty pavement will be sufficient for
a traffic garden site as long as it has limited
or infrequent vehicle use. The following
considerations should be made to determine
appropriate base course thickness:
Asphalt surface course layer
• (3” minimum thickness)
• Performance of this material assumes
good initial soil conditions and
compaction.
• Thicker asphalt layer needed if poor sub-
grade present
Aggregate base course layer
• (4”-6” thickness)
• Depth thickness assumes good sub-base
underneath and proper compaction.
• Thicker base course layer needed if poor
sub-grade present.
Poured-in-Place Rubber
Another surface that can be used for
traffic gardens is poured-in-place rubber.
This involves a two-layer rubber-urethane
playground surfacing system that is designed,
manufactured, and installed to meet certain
performance standards and criteria. This
material provides cushioning and shock
absorbance. However, this surface type has
higher overall costs (black mix being the least
expensive) and requires additional maintenance
throughout its estimated 10-year lifespan (which
is typically warranted until this time). Surfaces
need to be kept clear or debris to maintain
material integrity. Weather conditions during
installation is especially important to ensure the
product’s lifespan.
The top wear layer/surface binder consists
of granules mixed with a binder to create a
durable even seamless surface. Multiple types
of product materials are available in a wide
range of vibrant colors. The second layer of
the poured-in-place rubber surfacing is the
rubber attenuation layer. This layer is created
from uniform recycled material that is mixed
with binder that holds it in place. The rubber
attenuation layer requires proper compaction of
sub-base below. The base layer for this rubber
surfacing should be an asphalt, concrete or
compacted aggregate stone.
9
Paint Color Shade Usage
White Traffic White
Federal Standard 595
Color FS 17875
Use for: lane striping, between lanes going same direction,
roadway arrows, crosswalk markings, railroad markings,
STOP (word), YIELD (word), stop bar, yield markings.
Yellow Traffic Yellow
Federal Standard 595
Color FS 33538
Use for: center line, island, or median. May be used for curb
ramp color block marking.
Green Bike Lane Green
Pantone 349 c
Use for: bike box, grass buffer between street and sidewalk.
Can also be used in central area of roundabout.
Red Adobe Red or Bus
Lane Red
May be used for curb ramp color block marking.
Gray Mix black and white
to enhance contrast
Use for: sidewalk representation and to cover over existing
markings on asphalt
Blue Handicap Blue
Federal Standard 595
Color FS 15180
Use for: Handicap parking symbols, bodies of water and
streams.
Table 3 Color Guidelines
Traffic Garden Color Guidelines
Colors, their recommended shade, and usage are listed below in Table 3.
10
Available Site Layout Style + Elements
Limited space or no
asphalt
Focus on alternative ideas for adding biking practice and roadway safety elements.
Consider other open space options on school property.
Irregular or small
areas (less than 30’
width)
Focus on creating discrete learning spots:
• Add individual intersections with stop and yield details.
• Include skills-based lesson areas alongside streets.
• Expand into playground spaces to add streets or features.
• Deploy pathways and other student assembly areas.
Long narrow space
(less than 40’ wide
and significantly
longer in one
dimension)
Focus on lengthier street segments:
• Increase mid-block crossings at multiple points along street to add
interactions.
• Add roundabouts at ends to create continuous riding circuit.
• Create mid-way roundabouts (where there are only two approaches).
Circuit around turf
or playground area
(any size)
Focus on creating loop with additional interactions:
• Add intersections at locations where surface space widens.
• Add mid-block crossings to cross over to central area.
• Design for pedestrian cross traffic from turf or playground and provide
roadway yield or stop controls at multiple logical locations.
Medium square-
shaped or
rectangular area
(40’ - 80’ width in
either direction)
Focus on opportunity to create a denser set of streets and intersections:
• Test a range of layouts with a grid of streets.
• Add parallel streets and shorten street segments.
• Shift roundabouts to ends or corners of site to conserve space.
• Optimize overlap with playground areas, pathways, and running tracks.
Large open
square-shaped or
rectangular area
(over 80’ wide or
longer in either
direction)
Focus on opportunity to create a grid of streets and intersections as well as
extended road segments:
• Test many layout options for fit within site.
• Expand layouts by lengthening streets.
• On longer sides of the site, add parallel streets with cross connections.
• Group intersection types to create an instructional area.
• Centralize and increase diameter of roundabouts.
• Create longer practice ride routes/loops for more skilled students.
• Add creative features on longer street segments.
Table 4 Traffic Garden Layout Styles by Site Type
DCPS Traffic Garden Layouts
School outdoor areas range widely in their geometry and available open space. However, traffic garden
layouts are flexible, and it is possible to design them to conform to a wide range of spaces. This section
provides recommendations by site type to assist in coming up with a layout that makes the most of the
available space while still providing for the school program needs.
11
Second Grade Physical Education (PE)
Goals: Biking skills and roadway safety, instill joy of riding a bike
Activities: Community ride
Skills and road safety elements:
• Stop and yield intersections
• Pedestrian crossings
• Traffic signs and markings
• Group instructional areas
• Bike skills challenge areas
Recommended Devices/Equipment
• 16” two-wheel bikes
• 20” two-wheel bikes
• Recumbent trikes
• Staging area for session
• Storage for devices and loose parts
Pre-Kindergarten (PK) balance biking
Goals: Learn how to balance on bike, learn about roadway safety
Activities: PE and everyday outdoor play
Skills and road safety elements:
• Real street features
• Roundabouts, figures of eight and destinations
• Students independently retrieve and return
bike
Recommended Devices/Equipment
• Balance bikes
• Staging area for session
• Place to keep bikes orderly and accessible
• Easy access to equipment
Active outdoor physical area for students
Goals: PK - 5th grade imaginative play, outdoor learning
Activities: After-school programming
Additional play elements:
• Railroad crossings
• Parking spaces
• Community building outlines
• Maps and graphical features
• Sensory or STEM elements
Recommended Devices/Equipment
• 16” two-wheel bikes
• 20” two-wheel bikes
• Larger two-wheel bikes
• Balance bikes
• Recumbent trikes
• Scooters
DCPS Programs Using Traffic Gardens
Traffic Gardens should be incorporated on school grounds to support two distinct age groups and skill
levels while allowing space for active outdoor physical activity. These three program goals should be
considered when designing features within the traffic garden.

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
K. CUSTODIAL EQUIPMENT

DCPS SITE AND PLANTING DESIGN

H-1

H: SITE AND PLANTING DESIGN

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

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

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

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

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

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

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

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

DCPS SITE AND PLANTING DESIGN

H-2

3E. Plantings
• When selecting plants, consider the right plant for the right space; consider shade, views,
adjacent walkways and windows, etc.
• Provide Native plants; adaptive species ok, if not invasive; low maintenance (doesn’t need
heavy pruning, fertilizing, or fussing).
• Include plants with a high biodiversity (attracts birds and other wildlife with food and
shelter).
• Consider edible permaculture where appropriate with garden programming, but ensure that
any fallen fruit will not fall on walkways or other adjacent hardscape
• Avoid plants with thorns (or rosebushes at all); nothing toxic (yews, etc)
• Avoid tall shrubs that present a hiding spot or otherwise compromise site security
• Maximize tree plantings; cluster different height trees (shade and understory) together in
beds rather than spacing them equidistant within lawns. (Tree trunks are prone to damage
from mowers and trimmers)
• Consider depth of mulch and replenishment mulch when designing finish grades. (Mulch
ends up washing over walkways and playgrounds when too much is mounded up over time)
• Plant in drifts (but not monocultures) to make it easy for volunteers/users to recognize what
belongs and what does not.

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

4B. Trees no larger than 2” diameter

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

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

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

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

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

DCPS SITE AND PLANTING DESIGN

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

5. Playgrounds

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

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

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

DCPS SITE AND PLANTING DESIGN

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

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

DCPS DEPARTMENT ONE- PAGERS

APPENDIX C
L. TEACHING KITCHEN

DCPS HEALTH AND PHYSICAL EDUCATION

D-1

L: TEACHING KITCHEN

Refer to Educational Specifications for additional information

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

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

Exhibit B1
Link to the Existing Drawings (2022)
https://app.box.com/s/4m156p82cjh0qt9sn1z5rl6kt3idkrx3
Exhibit B2
Link to the Historic 1961 Drawings
https://app.box.com/s/wdu1rpw0uwdg1yk0cu6d8bt1fc3nobrr
Exhibit C
Project Schedule
Activity ID CAL Activity Name OD RD Start Finish TF
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025
Project MilestonesProject MilestonesProject MilestonesProject MilestonesProject MilestonesProject MilestonesProject MilestonesProject Milestones
Design MilestonesDesign MilestonesDesign MilestonesDesign MilestonesDesign MilestonesDesign MilestonesDesign MilestonesDesign Milestones
M-100 P5 W/HOL Proposal Submitted 0 0 30-Dec-24 A
M-110 P5 W/HOL Atmos/Studio Laan Award 0 0 25-Mar-25 A
M-260 P5 W/HOL Schematic Design Submission 0 0 25-Aug-25 A
M-120 P5 W/HOL Atmos/Studio Laan Submit Baseline Schedule to DGS 0 0 10-Sep-25 A
M-130 P5 W/HOL GMP Early Release Submission 0 0 10-Sep-25 A
M-270 P5 W/HOL Design Development Submission 0 0 14-Nov-25 A
M-140 P5 W/HOL GMP Early Release Approval 0 0 16-Dec-25 5
M-150 P5 W/HOL GMP Proposal Submission 0 0 16-Dec-25 5
M-160 P5 W/HOL GMP Basis Document Set Approval 0 0 2-Dec-25 -15
M-310 P5 W/HOL Construction Document Submission 0 0 20-Feb-26 7
Release of Key SubcontractorsRelease of Key SubcontractorsRelease of Key SubcontractorsRelease of Key SubcontractorsRelease of Key SubcontractorsRelease of Key SubcontractorsRelease of Key SubcontractorsRelease of Key Subcontractors
M-330 P5 W/HOL Switchgear Release 0 0 15-Oct-25 A
M-410 P5 W/HOL Windows, storefront, and curtainwall Release 0 0 02-Jan-26 37
M-380 P5 W/HOL Playground equipment Release 0 0 26-Jan-26 37
M-390 P5 W/HOL Kitchen equipment Release 0 0 09-Feb-26 -6
M-680 P5 W/HOL Door hardware Release 0 0 19-May-26 -19
M-670 P5 W/HOL Furniture Release 0 0 03-Jun-26 7
Construction MilestonesConstruction MilestonesConstruction MilestonesConstruction MilestonesConstruction MilestonesConstruction MilestonesConstruction MilestonesConstruction Milestones
M-170 P5 W/HOL Site Mobilization 0 0 18-Dec-25 13
M-490 P5 W/HOL Weather-tight completion 0 0 25-Mar-26 36
M-460 P5 W/HOL Above-grade structure completion 0 0 06-Jul-26 0
M-500 P5 W/HOL Permanent Power / Energization 0 0 06-Jul-26 6
M-510 P5 W/HOL MEP systems operational 0 0 07-Aug-26 -18
Inspection MilestonesInspection MilestonesInspection MilestonesInspection MilestonesInspection MilestonesInspection MilestonesInspection MilestonesInspection Milestones
M-570 P5 W/HOL Plumbing Inspection 0 0 07-Aug-26 -18
M-580 P5 W/HOL Mechanical Inspection 0 0 07-Aug-26 -18
M-590 P5 W/HOL Electrical Inspection 0 0 07-Aug-26 -18
M-600 P5 W/HOL Fire Alarm Inspection 0 0 07-Aug-26 -18
M-610 P5 W/HOL Sprinkler Inspection 0 0 07-Aug-26 -18
M-180 P5 W/HOL Substantial Completion (7/15/26) 0 0 11-Aug-26* -19
M-650 P5 W/HOL Staff Move-in (7/27/26) 0 0 21-Aug-26 -19
M-660 P5 W/HOL Student Move-in (8/17/26) 0 0 14-Sep-26 -19
M-190 P5 W/HOL Final Completion (1/15/27) 0 0 12-Feb-27* -19
M-200 P5 W/HOL Administrative Completion Date (3/15/28) 0 0 11-Apr-28* -19
Pre-Design PhasePre-Design PhasePre-Design PhasePre-Design PhasePre-Design PhasePre-Design PhasePre-Design PhasePre-Design Phase
PD-100 P5 W/HOL NTP - A/E Kick-Off Meeting 1 0 05-May-25 A 05-May-25 A
Conceptual Early Release DesignConceptual Early Release DesignConceptual Early Release DesignConceptual Early Release DesignConceptual Early Release DesignConceptual Early Release DesignConceptual Early Release DesignConceptual Early Release Design
CD-100 P5 W/HOL Develop Conceptual Early Release Design 28 0 06-May-25 A 17-Jun-25 A
CD-110 P5 W/HOL Estimate Conceptual Design 5 0 23-Jun-25 A 30-Jun-25 A
CD-120 P5 W/HOL Owner Review Conceptual Design 11 0 23-Jun-25 A 30-Jun-25 A
Site InvestigationsSite InvestigationsSite InvestigationsSite InvestigationsSite InvestigationsSite InvestigationsSite InvestigationsSite Investigations
SI-100 P5 W/HOL Building Hazmat Survey 4 0 09-Jun-25 A 12-Jun-25 A
SI-110 P5 W/HOL Existing Condition Survey 4 0 09-Jun-25 A 12-Jun-25 A
Design PhaseDesign PhaseDesign PhaseDesign PhaseDesign PhaseDesign PhaseDesign PhaseDesign Phase
D-100 P5 W/HOL Schematic Design Submission 10 0 07-Aug-25 A 21-Aug-25 A
D-110 P5 W/HOL Schematic Design Estimate 5 0 22-Aug-25 A 10-Sep-25 A
D-120 P5 W/HOL Owner Review Schematic 10 0 11-Sep-25 A 14-Nov-25 A
D-130 P5 W/HOL A/E Develop Design Development (DD) Set & Permit Set 25 0 12-Sep-25 A 14-Nov-25 A
D-160 P5 W/HOL Owner Review Design Development (DD) Set & Permit Set 10 2 17-Nov-25 A 03-Dec-25 -19
D-190 P5 W/HOL Compile & Address DGS Comments 5 5 04-Dec-25 10-Dec-25 -6
Permits Permits Permits Permits Permits Permits Permits Permits
GMP ProcurementGMP ProcurementGMP ProcurementGMP ProcurementGMP ProcurementGMP ProcurementGMP ProcurementGMP Procurement
GMP-100 P5 W/HOL GMP early Release package 6 0 22-Aug-25 A 10-Sep-25 A
GMP-110 P5 W/HOL Trade Bidding Period 1 10 0 22-Aug-25 A 28-Aug-25 A
GMP-120 P5 W/HOL DGS & Council Approval of Early Release Package 52 12 11-Sep-25 A 17-Dec-25 -15
GMP-130 P5 W/HOL Submit GMP Package to DGS 8 8 04-Dec-25 15-Dec-25 -19
GMP-180 P5 W/HOL DGS R/A GMP Package 24 24 16-Dec-25 21-Jan-26 -19
GMP-140 P5 W/HOL Trade Bidding Period 2 15 15 22-Jan-26 11-Feb-26 -19
GMP-150 P5 W/HOL Value Engineering (if Needed) 10 10 12-Feb-26 26-Feb-26 -19
GMP-160 P5 W/HOL Compile / Submit Target GMP if needed 8 8 27-Feb-26 10-Mar-26 -19
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunJul
2025 2026 2027 2028
Proposal Submitted
Atmos/Studio Laan Award
Schematic Design Submission
Atmos/Studio Laan Submit Baseline Schedule to DGS
GMP Early Release Submission
Design Development Submission
GMP Early Release Approval
GMP Proposal Submission
GMP Proposal Approval
Construction Document Submission
Switchgear Release
Windows, storefront, and curtainwall Release
Playground equipment Release
Kitchen equipment Release
Door hardware Release
Furniture Release
Site Mobilization
Weather-tight completion
Above-grade structure completion
Permanent Power / Energization
MEP systems operational
Plumbing Inspection
Mechanical Inspection
Electrical Inspection
Fire Alarm Inspection
Sprinkler Inspection
Substantial Completion (7/15/26)
Staff Move-in (7/27/26)
Student Move-in (8/17/26)
Final Completion (1/15/27)
Administrative Completion Date (3/15/28)
NTP - A/E Kick-Off Meeting
Develop Conceptual Early Release Design
Estimate Conceptual Design
Owner Review Conceptual Design
Building Hazmat Survey
Existing Condition Survey
Schematic Design Submission
Schematic Design Estimate
Owner Review Schematic
A/E Develop Design Development (DD) Set & Permit Set
Owner Review Design Development (DD) Set & Permit Set
Compile & Address DGS Comments
GMP early Release package
Trade Bidding Period 1
DGS & Council Approval of Early Release Package
Submit GMP Package to DGS
DGS R/A GMP Package
Trade Bidding Period 2
Value Engineering (if Needed)
Compile / Submit Target GMP
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025 00 ALL ACTIVITIES DATA DATE: 01-Dec-25
00 ALL ACTIVITIES
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025
1 out of 4
KCL-05-R0

Activity ID CAL Activity Name OD RD Start Finish TF
GMP-170 P5 W/HOL Council Approval / Notice to Proceed 20 20 11-Mar-26 07-Apr-26 -19
Construcion DocumentsConstrucion DocumentsConstrucion DocumentsConstrucion DocumentsConstrucion DocumentsConstrucion DocumentsConstrucion DocumentsConstrucion Documents
D-170 P5 W/HOL Prepare and Submit IFC Documents 45 45 16-Dec-25 20-Feb-26 7
D-180 P5 W/HOL Owner Review and Approve IFC Documents 10 10 23-Feb-26 06-Mar-26 7
Demo PermitDemo PermitDemo PermitDemo PermitDemo PermitDemo PermitDemo PermitDemo Permit
P-240 P5 W/HOL Submit for Demo Permit 1 0 10-Oct-25 A 10-Oct-25 A
P-230 P5 W/HOL DOB Demo Permit 30 0 13-Oct-25 A 04-Nov-25 A
Abatement PermitAbatement PermitAbatement PermitAbatement PermitAbatement PermitAbatement PermitAbatement PermitAbatement Permit
A1000 P5 W/HOL Submit for Abatement Permit 10 0 27-Oct-25 A 27-Oct-25 A
A1020 P5 W/HOL Receive Notice of Vacancy from DGS 10 1 28-Oct-25 A 02-Dec-25 -11
A1010 P5 W/HOL DOB Abatement Permit 10 10 03-Dec-25 16-Dec-25 -11
Interior PermitInterior PermitInterior PermitInterior PermitInterior PermitInterior PermitInterior PermitInterior Permit
P-140 P5 W/HOL Submit Interior Renovation Permit 1 0 18-Nov-25 A 18-Nov-25 A
P-160 P5 W/HOL DOB Review and Approval of Interior Renovation Permit 60 47 19-Nov-25 A 19-Feb-26 -6
Exterior PermitExterior PermitExterior PermitExterior PermitExterior PermitExterior PermitExterior PermitExterior Permit
P-110 P5 W/HOL Window and Roof Replacement Permit Including CFA Submission 10 0 01-Oct-25 A 08-Oct-25 A
P-120 P5 W/HOL DOB review and approval of Window and Roof Replacement Permit - Exterior Permit 50 18 09-Oct-25 A 26-Dec-25 9
Site PermitSite PermitSite PermitSite PermitSite PermitSite PermitSite PermitSite Permit
P-100 P5 W/HOL Approval of Site Plan Concept Sketch 31 15 06-Nov-25 A 22-Dec-25 12
P-150 P5 W/HOL Site Permit (Play Ground, SWM, ECT) 35 35 04-Dec-25 26-Jan-26 -10
P-170 P5 W/HOL DOB, DOEE review and approval of Site Permit (Play Ground, SWM, ECT) 45 45 27-Jan-26 31-Mar-26 -10
Pepco PermitPepco PermitPepco PermitPepco PermitPepco PermitPepco PermitPepco PermitPepco Permit
P-400 P5 W/HOL SFD & File w/ Pepco 1 0 09-Sep-25 A 09-Sep-25 A
P-410 P5 W/HOL Approved SFD & Cost Letter 30 7 10-Sep-25 A 10-Dec-25 47
P-420 P5 W/HOL Pay Pepco Invoice 5 5 11-Dec-25 17-Dec-25 47
P-430 P5 W/HOL Prepare Building Permit Submission for Pepco 20 20 18-Dec-25 16-Jan-26 47
P-440 P5 W/HOL File Pepco Permit 1 1 20-Jan-26 20-Jan-26 47
P-450 P5 W/HOL Pepco Permit Approval 50 50 21-Jan-26 01-Apr-26 47
Community MeetingsCommunity MeetingsCommunity MeetingsCommunity MeetingsCommunity MeetingsCommunity MeetingsCommunity MeetingsCommunity Meetings
P-190 P5 W/HOL Submit Community Meeting 1 Presentation to Owner 5 0 22-Sep-25 A 22-Sep-25 A
P-200 P5 W/HOL Owner R/A Community Meeting 1 Presentation 5 0 23-Sep-25 A 03-Oct-25 A
P-130 P5 W/HOL Community Meeting 1 to Present Site Plan 5 0 06-Oct-25 A 06-Oct-25 A
P-210 P5 W/HOL Submit Community Meeting 2 Presentation to Owner 5 0 06-Nov-25 A 12-Nov-25 A
P-220 P5 W/HOL Owner R/A Community Meeting 2 Presentation 5 0 13-Nov-25 A 19-Nov-25 A
P-180 P5 W/HOL Schedule and Conduct Community Meeting 2 for Preconstruction Meeting **12/3 19 19 20-Nov-25 A 29-Dec-25 53
FRAGNETSFRAGNETSFRAGNETSFRAGNETSFRAGNETSFRAGNETSFRAGNETSFRAGNETS
FRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design ImpactsFRAGNET 01 - Early Release Design Impacts
FRAG01-1060 P5 W/HOL DGS / DCPS REVIEW INITIAL BLOCKING DIAGRAM 5 0 03-Jun-25 A 23-Jun-25 A
FRAG01-1000 P5 W/HOL RECEIVED INITIAL COMMENTS ON CONCEPTUAL DESIGN - BLOCKING DIAGRAM 1 0 24-Jun-25 A 24-Jun-25 A
FRAG01-1010 P5 W/HOL DESIGN & PRICING OF BLOCKING DIAGRAM PER DGS / DCPS COMMENTS 12 0 25-Jun-25 A 10-Jul-25 A
FRAG01-1070 P5 W/HOL SUBMIT REVISED BLOCKING DIAGRAM & PRICING TO DGS 1 0 11-Jul-25 A 11-Jul-25 A
FRAG01-1020 P5 W/HOL MEETING TO REVIEW PRICING & BLOCKING DIAGRAM 2 0 14-Jul-25 A 15-Jul-25 A
FRAG01-1030 P5 W/HOL REDESIGN & RE-PRICING OF BLOCKING DIAGRAM R2 5 0 16-Jul-25 A 22-Jul-25 A
FRAG01-1040 P5 W/HOL SUBMIT REVISED COST & BLOCKING DIAGRAM R2 1 0 23-Jul-25 A 23-Jul-25 A
FRAG01-1050 P5 W/HOL R/A COST & BLOCKING DIAGRAM R2 BY DGS 10 0 24-Jul-25 A 06-Aug-25 A
Early ReleaseEarly ReleaseEarly ReleaseEarly ReleaseEarly ReleaseEarly ReleaseEarly ReleaseEarly Release
PRO-120 P5 W/HOL Award Electrical Subcontractor 15 0 22-Aug-25 A 05-Sep-25 A
PRO-170 P5 W/HOL Prepare Switchgear Submittal (switchgear needed per Engenium analysis) 5 0 08-Sep-25 A 15-Sep-25 A
PRO-200 P5 W/HOL Review and Approve Switchgear Submittal 5 0 16-Sep-25 A 15-Oct-25 A
PRO-240 P5 W/HOL Fabricate and Deliver Switchgear 180 139 16-Oct-25 A 19-Jun-26 -9
PRO-130 P5 W/HOL Award Window Replacement Subcontractor 10 0 07-Nov-25 A 07-Nov-25 A
PRO-160 P5 W/HOL Award Roofing Replacement Subcontractor 5 0 07-Nov-25 A 07-Nov-25 A
PRO-210 P5 W/HOL Prepare Window Submittal 20 0 10-Nov-25 A 19-Nov-25 A
PRO-110 P5 W/HOL Award Demo and Abatement 13 0 14-Nov-25 A 14-Nov-25 A
PRO-190 P5 W/HOL Prepare Roofing Submittals 15 1 19-Nov-25 A 18-Dec-25 0
PRO-290 P5 W/HOL Review and Approve Window Submittal 10 10 20-Nov-25 A 02-Jan-26 37
PRO-100 P5 W/HOL Award Playground Equipment Subcontractor 5 5 18-Dec-25 24-Dec-25 37
PRO-140 P5 W/HOL Award Kitchen Appliance Subcontractor 10 10 18-Dec-25 02-Jan-26 -6
PRO-260 P5 W/HOL Review and Approve Roofing Submittal 10 10 19-Dec-25 05-Jan-26 0
PRO-180 P5 W/HOL Prepare Playground Equipment Submittal 10 10 26-Dec-25 09-Jan-26 37
PRO-330 P5 W/HOL Fabricate and Deliver Windows 60 60 05-Jan-26 31-Mar-26 37
PRO-220 P5 W/HOL Prepare Kitchen Appliances Submittal 15 15 05-Jan-26 26-Jan-26 -6
PRO-300 P5 W/HOL Fabricate Roofing Materials 20 20 06-Jan-26 03-Feb-26 0
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunJul
2025 2026 2027 2028
Council Approval / Notice to Proceed
Prepare and Submit IFC Documents
Owner Review and Approve IFC Documents
Submit for Demo Permit
DOB Demo Permit
Submit for Abatement Permit
Receive Notice of Vacancy from DGS
DOB Abatement Permit
Submit Interior Renovation Permit
DOB Review and Approval of Interior Renovation Permit
Window and Roof Replacement Permit Including CFA Submission
DOB review and approval of Window and Roof Replacement Permit - Exterior Permit
Approval of Site Plan Concept Sketch
Site Permit (Play Ground, SWM, ECT)
DOB, DOEE review and approval of Site Permit (Play Ground, SWM, ECT)
SFD & File w/ Pepco
Approved SFD & Cost Letter
Pay Pepco Invoice
Prepare Building Permit Submission for Pepco
File Pepco Permit
Pepco Permit Approval
Submit Community Meeting 1 Presentation to Owner
Owner R/A Community Meeting 1 Presentation
Community Meeting 1 to Present Site Plan
Submit Community Meeting 2 Presentation to Owner
Owner R/A Community Meeting 2 Presentation
Schedule and Conduct Community Meeting 2 for Preconstruction Meeting **12/3
DGS / DCPS REVIEW INITIAL BLOCKING DIAGRAM
RECEIVED INITIAL COMMENTS ON CONCEPTUAL DESIGN - BLOCKING DIAGRAM
DESIGN & PRICING OF BLOCKING DIAGRAM PER DGS / DCPS COMMENTS
SUBMIT REVISED BLOCKING DIAGRAM & PRICING TO DGS
MEETING TO REVIEW PRICING & BLOCKING DIAGRAM
REDESIGN & RE-PRICING OF BLOCKING DIAGRAM R2
SUBMIT REVISED COST & BLOCKING DIAGRAM R2
R/A COST & BLOCKING DIAGRAM R2 BY DGS
Award Electrical Subcontractor
Prepare Switchgear Submittal (switchgear needed per Engenium analysis)
Review and Approve Switchgear Submittal
Fabricate and Deliver Switchgear
Award Window Replacement Subcontractor
Award Roofing Replacement Subcontractor
Prepare Window Submittal
Award Demo and Abatement
Prepare Roofing Submittals
Review and Approve Window Submittal
Award Playground Equipment Subcontractor
Award Kitchen Appliance Subcontractor
Review and Approve Roofing Submittal
Prepare Playground Equipment Submittal
Fabricate and Deliver Windows
Prepare Kitchen Appliances Submittal
Fabricate Roofing Materials
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025 00 ALL ACTIVITIES DATA DATE: 01-Dec-25
00 ALL ACTIVITIES
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025
2 out of 4
KCL-05-R0

Activity ID CAL Activity Name OD RD Start Finish TF
PRO-250 P5 W/HOL Review and Approve Playground Equipment Submittal 10 10 12-Jan-26 26-Jan-26 37
PRO-270 P5 W/HOL Fabricate and Deliver Playground Equipment 60 60 27-Jan-26 21-Apr-26 37
PRO-280 P5 W/HOL Review and Approve Kitchen Appliances Submittal 10 10 27-Jan-26 09-Feb-26 -6
PRO-320 P5 W/HOL Fabricate and Deliver Kitchen Appliances 100 100 10-Feb-26 01-Jul-26 -6
Balance of ProcurementBalance of ProcurementBalance of ProcurementBalance of ProcurementBalance of ProcurementBalance of ProcurementBalance of ProcurementBalance of Procurement
PRO-150 P5 W/HOL Award Sitework (early release) Subcontractor 10 10 18-Dec-25 02-Jan-26 -12
PRO-230 P5 W/HOL Prepare Sitework Submittals 20 20 05-Jan-26 02-Feb-26 -12
PRO-310 P5 W/HOL Approve Sitework Submittals 10 10 03-Feb-26 17-Feb-26 -12
PRO-340 P5 W/HOL Fabricate and Deliver Site Structures 34 34 18-Feb-26 06-Apr-26 -12
PRO-350 P5 W/HOL Award Fixed Furniture and Equipment (Owner Design to be complete) 10 10 08-Apr-26 21-Apr-26 7
PRO-360 P5 W/HOL Award Millwork 10 10 08-Apr-26 21-Apr-26 -17
PRO-370 P5 W/HOL Award Doors, Frames, and Hardware 10 10 08-Apr-26 21-Apr-26 -19
PRO-380 P5 W/HOL Award Fencing 10 10 08-Apr-26 21-Apr-26 -15
PRO-430 P5 W/HOL Award Specialties (signagne, toilet accessories, drinking fountains, etc.) 10 10 08-Apr-26 21-Apr-26 -14
PRO-390 P5 W/HOL Award Landscape Subcontractor 10 10 08-Apr-26 21-Apr-26 19
PRO-400 P5 W/HOL Prepare FFE Submittals 20 20 22-Apr-26 19-May-26 7
PRO-410 P5 W/HOL Prepare Millwork Submittals 15 15 22-Apr-26 12-May-26 -17
PRO-420 P5 W/HOL Prepare Fencing Submittal 10 10 22-Apr-26 05-May-26 -15
PRO-460 P5 W/HOL Prepare Specialties Submittal 20 20 22-Apr-26 19-May-26 -14
PRO-440 P5 W/HOL Schedule Landscape Nursery Visit 10 10 22-Apr-26 05-May-26 19
PRO-450 P5 W/HOL Prepare D/F/H Submittal 10 10 22-Apr-26 05-May-26 -19
PRO-510 P5 W/HOL Review and Approve Fencing Submittal 10 10 06-May-26 19-May-26 -15
PRO-480 P5 W/HOL Review and Approval D/F/H Submittal 10 10 06-May-26 19-May-26 -19
PRO-470 P5 W/HOL Select and Approve Landscape Plantings to be installed during planting season 8 8 06-May-26 15-May-26 19
PRO-500 P5 W/HOL Review and Approve Millwork Submittal 10 10 13-May-26 27-May-26 -17
PRO-490 P5 W/HOL Owner Review and Approve FFE Package 10 10 20-May-26 03-Jun-26 7
PRO-540 P5 W/HOL Fabricate and Deliver Fence 20 20 20-May-26 17-Jun-26 -15
PRO-560 P5 W/HOL Review and Approve Specialties Submittal 10 10 20-May-26 03-Jun-26 -14
PRO-520 P5 W/HOL Fabricate and Deliver D/F/H 30 30 20-May-26 01-Jul-26 -19
PRO-550 P5 W/HOL Fabricate and Deliver Millwork 35 35 28-May-26 16-Jul-26 -17
PRO-530 P5 W/HOL Fabricate and Deliver FFE 40 40 04-Jun-26 30-Jul-26 7
PRO-570 P5 W/HOL Fabricate and Deliver Specialties 23 23 04-Jun-26 07-Jul-26 -14
ConstructionConstructionConstructionConstructionConstructionConstructionConstructionConstruction
SiteworkSiteworkSiteworkSiteworkSiteworkSiteworkSiteworkSitework
S-100 P5 W/HOL Perform Stakeout 2 2 08-Apr-26 09-Apr-26 -15
S-110 P5 W/HOL Install Temp Construction Fencing and Signage 2 2 10-Apr-26 13-Apr-26 -15
S-120 P5 W/HOL Install SEC Measures 5 5 14-Apr-26 20-Apr-26 -15
S-130 P5 W/HOL Install Tree Protection 5 5 21-Apr-26 27-Apr-26 -15
S-140 P5 W/HOL Obtain DOEE Inspector Approval that SEC Measures are installed correctly 1 1 28-Apr-26 28-Apr-26 -15
KC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building RenovationKC Lewis Building Renovation
CON-100 P5 W/HOL Mobilize Interior Demo Contractor 3 3 18-Dec-25 22-Dec-25 -15
CON-360 P5 W/HOL Pre-Construction QA/QC Meeting 1 1 23-Dec-25 23-Dec-25 37
CON-370 P5 W/HOL Perform Abatement 35 35 23-Dec-25 12-Feb-26 -15
CON-110 P5 W/HOL Begin interior selective demo 20 20 13-Jan-26 10-Feb-26 -3
CON-120 P5 W/HOL Begin roof replacement demo 20 20 13-Feb-26 13-Mar-26 -15
CON-130 P5 W/HOL Electrical Room Upgrades 67 67 20-Feb-26 26-May-26 9
CON-140 P5 W/HOL Installation of New Roof System to Ensure Ready for Solar Panels 20 20 26-Feb-26 25-Mar-26 -15
CON-150 P5 W/HOL Layout for New Walls 3 3 02-Mar-26 04-Mar-26 -15
CON-160 P5 W/HOL Framing for New Walls 10 10 05-Mar-26 18-Mar-26 -15
CON-170 P5 W/HOL MEP rough-in at New Walls 20 20 12-Mar-26 08-Apr-26 -15
CON-180 P5 W/HOL Demo Existing Windows to be Replaced 30 30 26-Mar-26 06-May-26 36
CON-210 P5 W/HOL Install New Windows 30 30 02-Apr-26 13-May-26 36
CON-190 P5 W/HOL Hang and Finish New Walls 15 15 09-Apr-26 29-Apr-26 -15
CON-200 P5 W/HOL Framing for New Ceilings 15 15 16-Apr-26 06-May-26 -15
CON-220 P5 W/HOL Drop Ceiling Tile / Install Ceiling Finish Systems 10 10 07-May-26 20-May-26 -15
CON-230 P5 W/HOL Prime Paint 10 10 21-May-26 04-Jun-26 -15
CON-240 P5 W/HOL Install IT/AV/Security Devices 10 10 21-May-26 04-Jun-26 21
CON-250 P5 W/HOL Finish Paint 5 5 05-Jun-26 11-Jun-26 -15
CON-260 P5 W/HOL Restroom Upgrades 10 10 12-Jun-26 25-Jun-26 -15
CON-290 P5 W/HOL Install Switchgear 10 10 22-Jun-26 06-Jul-26 -9
CON-280 P5 W/HOL Install Exterior Doors 8 8 02-Jul-26 14-Jul-26 -19
CON-270 P5 W/HOL Install Kitchen Appliances 5 5 02-Jul-26 09-Jul-26 -6
CON-320 P5 W/HOL Start-Up HVAC & Kitchen Equipment 8 8 07-Jul-26 16-Jul-26 -9
DecJanFebMarAprMayJun Jul AugSep OctNovDecJanFebMarAprMayJun Jul AugSep OctNovDecJanFebMarAprMayJun Jul AugSep OctNovDecJanFebMarAprMayJunJul
2025 2026 2027 2028
Review and Approve Playground Equipment Submittal
Fabricate and Deliver Playground Equipment
Review and Approve Kitchen Appliances Submittal
Fabricate and Deliver Kitchen Appliances
Award Sitework (early release) Subcontractor
Prepare Sitework Submittals
Approve Sitework Submittals
Fabricate and Deliver Site Structures
Award Fixed Furniture and Equipment (Owner Design to be complete)
Award Millwork
Award Doors, Frames, and Hardware
Award Fencing
Award Specialties (signagne, toilet accessories, drinking fountains, etc.)
Award Landscape Subcontractor
Prepare FFE Submittals
Prepare Millwork Submittals
Prepare Fencing Submittal
Prepare Specialties Submittal
Schedule Landscape Nursery Visit
Prepare D/F/H Submittal
Review and Approve Fencing Submittal
Review and Approval D/F/H Submittal
Select and Approve Landscape Plantings to be installed during planting season
Review and Approve Millwork Submittal
Owner Review and Approve FFE Package
Fabricate and Deliver Fence
Review and Approve Specialties Submittal
Fabricate and Deliver D/F/H
Fabricate and Deliver Millwork
Fabricate and Deliver FFE
Fabricate and Deliver Specialties
Perform Stakeout
Install Temp Construction Fencing and Signage
Install SEC Measures
Install Tree Protection
Obtain DOEE Inspector Approval that SEC Measures are installed correctly
Mobilize Interior Demo Contractor
Pre-Construction QA/QC Meeting
Perform Abatement
Begin interior selective demo
Begin roof replacement demo
Electrical Room Upgrades
Installation of New Roof System to Ensure Ready for Solar Panels
Layout for New Walls
Framing for New Walls
MEP rough-in at New Walls
Demo Existing Windows to be Replaced
Install New Windows
Hang and Finish New Walls
Framing for New Ceilings
Drop Ceiling Tile / Install Ceiling Finish Systems
Prime Paint
Install IT/AV/Security Devices
Finish Paint
Restroom Upgrades
Install Switchgear
Install Exterior Doors
Install Kitchen Appliances
Start-Up HVAC & Kitchen Equipment
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025 00 ALL ACTIVITIES DATA DATE: 01-Dec-25
00 ALL ACTIVITIES
KC LEWIS ES SWING SPACE - UPDATE 05 R0 - DECEMBER 1 2025
3 out of 4
KCL-05-R0

Exhibit D
SBE Subcontracting Plan
SBE SUBCONTRACTNG PLAN | Revised October 2023
S
BE SUBCONTRACTING PLAN
I
NSTRUCTIONS: 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
S
UBMISSION 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
quar
terly 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
quar
terly report and list all SBE/CBE subcontracts executed by the time of submission.
C
REDIT: 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.
C
ERTIFICATION 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.
T
he certification number must include the Local Business Enterprise (LBE) and Small Business
Enterprise (SBE) categories. i.e., Certification Number:LSXXXXXXXXX2026.
S
UBCONTRACTING 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
benef
iciary 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
di
sadvantaged business enterprise and as a resident-owned business, the beneficiary shall
receive a maximum credit for $1.30 against the CBE minimum expenditure.
E
XEMPTION: 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: Atmos Solutions, Inc.
Contact #: (940) 735-
4940
Email address:
afernando@atmossolutionsinc.com
Street Address: 6856 Eastern Avenue NW, Sutie
205
City/ State/ Zip Code: Washington, DC 20012
Company
’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: Anthony Fernando Title: President
Contact #: (940) 735-4940 Email address: afernando@atmossolutionsinc.com
Street Address: 6856 Eastern Avenue NW, Sutie 205, Washington, DC 20012
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: _DCAM-25-CS-RFP-
0001_______________
Agency: Department of General Services
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: ____%
Solicitation Due Date: 12/30/2024
Total Dollar Amount of Contract: $6,384,179.33
Total Value of ALL CBE Subcontracts: $2,550,274.90
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
ex
ceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commerciall$y 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 20.62% 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. LSDRE48572102027
SBE SUBCONTRACTNG PLAN | Revised October 2023
BENEF
ICIARY 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. P ursuant to D.C. Official Code § 22- 2402, I
understand that a person convicted of perjury shall be fined not more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2- 218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2005, as amended, (D.C. Law 20 -108) (the “Act”), shall be subject to penalties as
outlined in the Act.
PRINT NAME: Anthony Fernando
SIGNATURE:
JOB TITLE: President DATE:09/08/2025
Secti
on 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
Studio Laan, PC
8204 16TH St. NW
Washington, DC
20012
LSDR
E601030722025
____
$789,665.00 Architecture and design project
management
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name:
Phillip Anderson
Title: Owner
Telephone Number: 202-213-4259
Email Address: panderson@studiolaan.net
This CBE will perform the ENTIRE subcontract with
its own organization and resources.
This CBE will subcontract a portion of the
subcontract and will perform ____% of the subcontract’s
total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No.
Price to be paid to
the CBE
Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g.,
1st, 2nd,
3rd, 4th,
etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
SBE SUBCONTRACTNG PLAN | Revised October 2023
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
Keystone Plus Construction 1925 Minnesota Ave. SE
Suite A Washington, DC
20020
_________________
LSZX518860
22027____
$1,760,609.90_____
___________
Window Replacement
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: Carlos Perdomo
Title: Owner_
Telephone Number: 202-857-7903
Email Address: cperdomo@keystonedc.com
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
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.)
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.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD
A
gency: ________
Prime Contractor: ________
Contract Number: ________
Date SBE Subcontracting Plan Accepted: ________
Date agency contract signed: ________
A
nticipated Start Date of Contract: ________
Anticipated End Date of Contract: ________
T
otal Dollar Amount of Contract: $________
*De
sign-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)
T
otal Amount of All SBE/CBE Subcontracts: $________
(include every tier)
(
✓if applies)
B ase Period Contract – Option/Extension Period: ________
M ulti -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: ________
A
nticipated Start Date of Project: ________
Anticipated End Date of Project: ________
P
roject Name: ________
Project Address: ________
T
otal 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)
T
otal 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
(✓w hich 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 w ithin 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
Exhibit E
Reserved

Exhibit F
Key Personnel

Assistant Project Manager
Tamara Dennis
QA/QC Manager
Managala Tennakone
Project Compliance
Atmos Compliance Team
Project Manager
Edward Rupp
Principal-in-Charge
Anthony Fernando, MBA
Key Subcontractors
Site, Safety, Health Officer
Albert V . Condello III CSP ,
CHMM, NREMT
MAIN POINT OF CONTACT
Project Excutive
Brian Butler
Senior Project Estimator
Aziz Zaki
Key Personnel
Key Subcontractors
Line of Authority
Line of Communication
All have Stop Work authority.
Exhibit. Atmos D/B Project Team Organizational Chart
Legend
Atmos Project Management
Atmos Supporting Roles
Designer
Supporting Designers
Project Architect
Vanja Tritten, RA, LEED AP
DESIGNER
Design Project Manager
Maria Chiara Lalla, AIA, LEED
Organizational Chart
EDUCATION:
Bachelor of Science in
Electrical Engineering/Columbia
University/2001
Bachelor of Science in
Mathematics/Arcadia
University/1999
YEARS OF EXPERIENCE:
20 Years
LICENSES:
District of Columbia, 2015
Maryland, 2015
Virginia, 2015

Vince Garcia, PE, LEED AP, has over 20 years of experience in electrical engineering
systems design including K-12, community centers, higher education, science and
technology, and commercial projects. He is an expert in the design of power distribution
systems, lighting, emergency lighting, fire alarm systems, emergency and standby
generators, and coordinating data network requirements with technology designers.
He has designed numerous outdoor spaces associated with a facility including outdoor
parking, playgrounds for education facilities, and adjacent streets and roadways.
SIMILAR PROJECT EXPERIENCE

DGS Dorothy Height Elementary School, Washington, DC
Complete renovation of the existing 1939 historic building and existing “annex” building on
the property, and new construction addition(s), including a new connection between the main
building and the annex, to create approximately 93,000 gross square feet of modernized
learning space. The school is designed to achieve LEED for Schools – Gold, WELL, and is
pursuing Net Zero strategies.
DGS Stead Park Recreation Center, Washington, DC
Renovation and new construction of the 15,000 SF Stead Park Recreation Center. The project
includes renovation of the existing carriage house building and large addition to bring the
building into compliance with ADA and to accommodate demand for additional community
programming. The project also included renovating the existing playground to the east and
south of the building. Stead Park will be the first Net Zero community center DC.
DGS Wheatley Child Development Center, Washington, DC
Design and construction of a 4,500 SF addition to house a child development center (infant-
toddler program), the relocation of the displaced playground, and renovation of the effected
first floor program at Wheatley Education Campus. The child development center will include
two (2) classrooms, a toddler restroom, a welcome center, a food prep / workroom, a director’s
office, and a laundry room.
DGS MLK ES Child Development Center, Washington, DC
Design and construction of a new 4,500 SF child development center to serve student 0-3
years old at MLK Jr. Elementary School The program will include an infant room, a toddler
classroom, a toddler restroom, a food prep/workroom, a welcome center, a director’s office,
and a laundry room. The project also includes program reconfiguration in the school to
relocate existing school functions that will be displaced to create the new center.
Georgetown Hill Early School Woodley Gardens, Rockville, MD
Design services to support the new construction of the 16,000 SF Georgetown Hill Early
School Woodley Gardens location. The program consists of classrooms and administrative
space for 160 students. An existing pool is being revitalized and reused as a part of the
project, and a new locker room / restroom building will be provided and leased for use by the
community.
VINCE GARCIA, PE, LEED AP
Senior Electrical Engineer
MEP Engineering
(Engenium Group)
Civil Engineering
(Huska & Horgan Engineering, LLC)
Structural Engineering
(FMC Structural Design Group)
Security AV/IT
(Vision Security Solutions LLC)
Staff Architect
Peter Kuelbs, AIA, LEED GA
Envelope / Roof Consultants
(Dedicated Roof and Hydro-Solutions, LLC)
Sustainability Consultant / LEED Consultant
Dan Triman
Foodservice Design
(Nyikos-Garcia Foodservice
Design, Inc.)
Landscape Architecture
(Avens + Heath, LLC
Landscape Architecture)
Arborist
(Arborist Consulting & Tree
Preservation LLC)
Design Principal-in-Charge
Philip B. Anderson, AIA,
NCARB, LEED AP
Field Superintendent
Derek Fleming
DGS | KC Lewis Swing Space Atmos Solutions, Inc. | 44

Exhibit G1
Davis Bacon Act, Wage Determination

"General Decision Number: DC20250002 11/21/2025
Superseded General Decision Number: DC20240002
State: District of Columbia
Construction Type: Building
County: District of Columbia Statewide.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/14/2025
4 02/21/2025
5 05/30/2025
6 06/13/2025
7 07/04/2025
8 08/01/2025
9 08/29/2025
10 09/12/2025
11 11/21/2025
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 40.77 20.17+a
Includes the application of all insulating materials,
protective coverings, coatings and finishes to all types of
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 10.19+a
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-014 10/01/2024
Rates Fringes
FIRESTOPPER......................$ 30.21 10.43+a
Includes the application of materials or devices within or
around penetrations and openings in all rated wall or floor
assemblies, in order to prevent the pasage of fire, smoke
of other gases. The application includes all components
involved in creating the rated barrier at perimeter slab
edges and exterior cavities, the head of gypsum board or
concrete walls, joints between rated wall or floor
components, sealing of penetrating items and blank openings.
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
BRDC0001-002 04/27/2025
Rates Fringes
BRICKLAYER.......................$ 38.80 15.17
----------------------------------------------------------------
CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
----------------------------------------------------------------
CARP0219-001 05/01/2025
Rates Fringes
MILLWRIGHT.......................$ 39.50 17.32
----------------------------------------------------------------
CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
----------------------------------------------------------------
ELEC0026-016 06/05/2023
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 53.00 21.35
----------------------------------------------------------------
* ELEC0026-017 09/01/2025
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 34.16 13.54
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or wherever
the fire alarm system is installed in conduit. All HVAC
control work.
----------------------------------------------------------------
ELEV0010-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 57.16 38.435+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly rate
for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
IRON0005-005 06/01/2024
Rates Fringes
IRONWORKER, STRUCTURAL AND
ORNAMENTAL.......................$ 37.86 25.86
----------------------------------------------------------------
IRON0005-012 05/01/2024
Rates Fringes
IRONWORKER, REINFORCING..........$ 31.88 23.78
----------------------------------------------------------------
LABO0011-009 06/01/2025
Rates Fringes
LABORER: Skilled................$ 30.47 8.70
FOOTNOTE: Potmen, power tool operator, small machine
operator, signalmen, laser beam operator, waterproofer
(excluding roofing), open caisson, test pit, underpinning,
pier hole and ditches, laggers and all work associated with
lagging that is not expressly stated, strippers, operator
of hand derricks, vibrator operators, pipe layers, or tile
layers, operators of jackhammers, paving breakers, spaders
or any machine that does the same general type of work,
carpenter tenders, scaffold builders, operators of
towmasters, scootcretes, buggymobiles and other machines of
similar character, operators of tampers and rammers and
other machines that do the same general type of work,
whether powered by air, electric or gasoline, builders of
trestle scaffolds over one tier high and sand blasters,
power and chain saw operators used in clearing, installers
of well points, wagon drill operators, acetylene burners
and licensed powdermen, stake jumper,demolition.
----------------------------------------------------------------
MARB0002-004 04/27/2025
Rates Fringes
MARBLE/STONE MASON...............$ 45.65 21.21
INCLUDING pointing, caulking and cleaning of All types of
masonry, brick, stone and cement EXCEPT pointing, caulking,
cleaning of existing masonry, brick, stone and cement
(restoration work)
----------------------------------------------------------------
MARB0003-006 04/27/2025
Rates Fringes
TERRAZZO WORKER/SETTER...........$ 34.34 14.20
----------------------------------------------------------------
MARB0003-007 04/27/2025
Rates Fringes
TERRAZZO FINISHER................$ 28.85 12.55
----------------------------------------------------------------
MARB0003-008 04/27/2025
Rates Fringes
TILE SETTER......................$ 34.34 14.20
----------------------------------------------------------------
MARB0003-009 04/27/2025
Rates Fringes
TILE FINISHER....................$ 28.85 12.55
----------------------------------------------------------------
PAIN0051-014 06/01/2025
Rates Fringes
GLAZIER
Glazing Contracts $2
million and under...........$ 32.41 14.46
Glazing Contracts over $2
million.....................$ 36.65 14.46
----------------------------------------------------------------
PAIN0051-015 06/01/2025
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher............$ 29.16 11.86
----------------------------------------------------------------
* PLAS0891-005 07/01/2025
Rates Fringes
PLASTERER (Including
Fireproofing)....................$ 32.86 10.46
----------------------------------------------------------------
* PLAS0891-006 03/01/2025
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 30.50 14.23
----------------------------------------------------------------
PLUM0005-010 08/01/2025
Rates Fringes
PLUMBER..........................$ 53.30 23.71+a
a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
----------------------------------------------------------------
PLUM0602-008 08/01/2025
Rates Fringes
PIPEFITTER, Includes HVAC
Pipe Installation................$ 55.00 24.46+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
ROOF0030-016 07/01/2025
Rates Fringes
ROOFER...........................$ 36.26 14.91
----------------------------------------------------------------
SFDC0669-002 04/01/2025
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 45.22 26.39
----------------------------------------------------------------
SHEE0100-015 11/01/2023
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 47.92 22.72+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day
----------------------------------------------------------------
* SUDC2009-003 05/19/2009
Rates Fringes
LABORER: Common or General......$ 13.04 ** 2.80

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

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

POINTER, CAULKER, CLEANER,
Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
work); excludes pointing,
caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.88
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"

Exhibit G2
Title 29 Code of Federal Regulations (CFR) part 5.5 Davis Bacon Provision

115
Office of the Secretary of Labor § 5.5
been certified by the Secretary of
Transportation in accordance with 23
U.S.C. 113(c).
(4) A distinct classification of ‘‘help-
er’’ will be issued in wage determina-
tions applicable to work performed on
construction projects covered by the
labor standards provisions of the
Davis-Bacon and Related Acts only
where:
(i) The duties of the helper are clear-
ly defined and distinct from those of
any other classification on the wage
determination;
(ii) The use of such helpers is an es-
tablished prevailing practice in the
area; and
(iii) The helper is not employed as a
trainee in an informal training pro-
gram. A ‘‘helper’’ classification will be
added to wage determinations pursuant
to § 5.5(a)(1)(ii)(A) only where, in addi-
tion, the work to be performed by the
helper is not performed by a classifica-
tion in the wage determination.
(o) Every person performing the du-
ties of a laborer or mechanic in the
construction, prosecution, completion,
or repair of a public building or public
work, or building or work financed in
whole or in part by loans, grants, or
guarantees from the United States is
employed regardless of any contractual
relationship alleged to exist between
the contractor and such person.
(p) The term wages means the basic
hourly rate of pay; any contribution ir-
revocably made by a contractor or sub-
contractor to a trustee or to a third
person pursuant to a bona fide fringe
benefit fund, plan, or program; and the
rate of costs to the contractor or sub-
contractor which may be reasonably
anticipated in providing bona fide
fringe benefits to laborers and mechan-
ics pursuant to an enforceable commit-
ment to carry out a financially respon-
sible plan of program, which was com-
municated in writing to the laborers
and mechanics affected. The fringe
benefits enumerated in the Davis-
Bacon Act include medical or hospital
care, pensions on retirement or death,
compensation for injuries or illness re-
sulting from occupational activity, or
insurance to provide any of the fore-
going; unemployment benefits; life in-
surance, disability insurance, sickness
insurance, or accident insurance; vaca-
tion or holiday pay; defraying costs of
apprenticeship or other similar pro-
grams; or other bona fide fringe bene-
fits. Fringe benefits do not include ben-
efits required by other Federal, State,
or local law.
(q) The term wage determination in-
cludes the original decision and any
subsequent decisions modifying, super-
seding, correcting, or otherwise chang-
ing the provisions of the original deci-
sion. The application of the wage deter-
mination shall be in accordance with
the provisions of § 1.6 of this title.
[48 FR 19541, Apr. 29, 1983, as amended at 48
FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4,
1990; 57 FR 19206, May 4, 1992; 65 FR 69693,
Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]
§§ 5.3–5.4 [Reserved]
§ 5.5 Contract provisions and related
matters.
(a) The Agency head shall cause or
require the contracting officer to in-
sert in full in any contract in excess of
$2,000 which is entered into for the ac-
tual construction, alteration and/or re-
pair, including painting and deco-
rating, of a public building or public
work, or building or work financed in
whole or in part from Federal funds or
in accordance with guarantees of a
Federal agency or financed from funds
obtained by pledge of any contract of a
Federal agency to make a loan, grant
or annual contribution (except where a
different meaning is expressly indi-
cated), and which is subject to the
labor standards provisions of any of the
acts listed in § 5.1, the following clauses
(or any modifications thereof to meet
the particular needs of the agency, Pro-
vided, That such modifications are first
approved by the Department of Labor):
(1) Minimum wages. (i) All laborers
and mechanics employed or working
upon the site of the work (or under the
United States Housing Act of 1937 or
under the Housing Act of 1949 in the
construction or development of the
project), will be paid unconditionally
and not less often than once a week,
and without subsequent deduction or
rebate on any account (except such
payroll deductions as are permitted by
regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and
VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150
116
29 CFR Subtitle A (7–1–11 Edition) § 5.5
bona fide fringe benefits (or cash
equivalents thereof) due at time of
payment computed at rates not less
than those contained in the wage de-
termination of the Secretary of Labor
which is attached hereto and made a
part hereof, regardless of any contrac-
tual relationship which may be alleged
to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reason-
ably anticipated for bona fide fringe
benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers
or mechanics are considered wages paid
to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contribu-
tions made or costs incurred for more
than a weekly period (but not less
often than quarterly) under plans,
funds, or programs which cover the
particular weekly period, are deemed
to be constructively made or incurred
during such weekly period. Such labor-
ers and mechanics shall be paid the ap-
propriate wage rate and fringe benefits
on the wage determination for the clas-
sification of work actually performed,
without regard to skill, except as pro-
vided in § 5.5(a)(4). Laborers or mechan-
ics performing work in more than one
classification may be compensated at
the rate specified for each classifica-
tion for the time actually worked
therein: Provided, That the employer’s
payroll records accurately set forth the
time spent in each classification in
which work is performed. The wage de-
termination (including any additional
classification and wage rates con-
formed under paragraph (a)(1)(ii) of
this section) and the Davis-Bacon post-
er (WH–1321) shall be posted at all
times by the contractor and its sub-
contractors at the site of the work in a
prominent and accessible place where
it can be easily seen by the workers.
(ii)(A) The contracting officer shall
require that any class of laborers or
mechanics, including helpers, which is
not listed in the wage determination
and which is to be employed under the
contract shall be classified in conform-
ance with the wage determination. The
contracting officer shall approve an ad-
ditional classification and wage rate
and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the
classification requested is not per-
formed by a classification in the wage
determination; and
(2) The classification is utilized in
the area by the construction industry;
and
(3) The proposed wage rate, including
any bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage determina-
tion.
(B) If the contractor and the laborers
and mechanics to be employed in the
classification (if known), or their rep-
resentatives, and the contracting offi-
cer agree on the classification and
wage rate (including the amount des-
ignated for fringe benefits where appro-
priate), a report of the action taken
shall be sent by the contracting officer
to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, U.S. Department of
Labor, Washington, DC 20210. The Ad-
ministrator, or an authorized rep-
resentative, will approve, modify, or
disapprove every additional classifica-
tion action within 30 days of receipt
and so advise the contracting officer or
will notify the contracting officer
within the 30-day period that addi-
tional time is necessary.
(C) In the event the contractor, the
laborers or mechanics to be employed
in the classification or their represent-
atives, and the contracting officer do
not agree on the proposed classifica-
tion and wage rate (including the
amount designated for fringe benefits,
where appropriate), the contracting of-
ficer shall refer the questions, includ-
ing the views of all interested parties
and the recommendation of the con-
tracting officer, to the Administrator
for determination. The Administrator,
or an authorized representative, will
issue a determination within 30 days of
receipt and so advise the contracting
officer or will notify the contracting
officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe
benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or
(C) of this section, shall be paid to all
workers performing work in the classi-
fication under this contract from the
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117
Office of the Secretary of Labor § 5.5
first day on which work is performed in
the classification.
(iii) Whenever the minimum wage
rate prescribed in the contract for a
class of laborers or mechanics includes
a fringe benefit which is not expressed
as an hourly rate, the contractor shall
either pay the benefit as stated in the
wage determination or shall pay an-
other bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make
payments to a trustee or other third
person, the contractor may consider as
part of the wages of any laborer or me-
chanic the amount of any costs reason-
ably anticipated in providing bona fide
fringe benefits under a plan or pro-
gram, Provided, That the Secretary of
Labor has found, upon the written re-
quest of the contractor, that the appli-
cable standards of the Davis-Bacon Act
have been met. The Secretary of Labor
may require the contractor to set aside
in a separate account assets for the
meeting of obligations under the plan
or program.
(2) Withholding. The (write in name of
Federal Agency or the loan or grant re-
cipient) shall upon its own action or
upon written request of an authorized
representative of the Department of
Labor withhold or cause to be withheld
from the contractor under this con-
tract or any other Federal contract
with the same prime contractor, or any
other federally-assisted contract sub-
ject to Davis-Bacon prevailing wage re-
quirements, which is held by the same
prime contractor, so much of the ac-
crued payments or advances as may be
considered necessary to pay laborers
and mechanics, including apprentices,
trainees, and helpers, employed by the
contractor or any subcontractor the
full amount of wages required by the
contract. In the event of failure to pay
any laborer or mechanic, including any
apprentice, trainee, or helper, em-
ployed or working on the site of the
work (or under the United States Hous-
ing Act of 1937 or under the Housing
Act of 1949 in the construction or de-
velopment of the project), all or part of
the wages required by the contract, the
(Agency) may, after written notice to
the contractor, sponsor, applicant, or
owner, take such action as may be nec-
essary to cause the suspension of any
further payment, advance, or guar-
antee of funds until such violations
have ceased.
(3) Payrolls and basic records. (i) Pay-
rolls and basic records relating thereto
shall be maintained by the contractor
during the course of the work and pre-
served for a period of three years there-
after for all laborers and mechanics
working at the site of the work (or
under the United States Housing Act of
1937, or under the Housing Act of 1949,
in the construction or development of
the project). Such records shall contain
the name, address, and social security
number of each such worker, his or her
correct classification, hourly rates of
wages paid (including rates of contribu-
tions or costs anticipated for bona fide
fringe benefits or cash equivalents
thereof of the types described in sec-
tion 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours
worked, deductions made and actual
wages paid. Whenever the Secretary of
Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any la-
borer or mechanic include the amount
of any costs reasonably anticipated in
providing benefits under a plan or pro-
gram described in section 1(b)(2)(B) of
the Davis-Bacon Act, the contractor
shall maintain records which show that
the commitment to provide such bene-
fits is enforceable, that the plan or pro-
gram is financially responsible, and
that the plan or program has been com-
municated in writing to the laborers or
mechanics affected, and records which
show the costs anticipated or the ac-
tual cost incurred in providing such
benefits. Contractors employing ap-
prentices or trainees under approved
programs shall maintain written evi-
dence of the registration of apprentice-
ship programs and certification of
trainee programs, the registration of
the apprentices and trainees, and the
ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit
weekly for each week in which any
contract work is performed a copy of
all payrolls to the (write in name of ap-
propriate federal agency) if the agency
is a party to the contract, but if the
agency is not such a party, the con-
tractor will submit the payrolls to the
applicant, sponsor, or owner, as the
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118
29 CFR Subtitle A (7–1–11 Edition) § 5.5
case may be, for transmission to the
(write in name of agency). The payrolls
submitted shall set out accurately and
completely all of the information re-
quired to be maintained under 29 CFR
5.5(a)(3)(i), except that full social secu-
rity numbers and home addresses shall
not be included on weekly transmit-
tals. Instead the payrolls shall only
need to include an individually identi-
fying number for each employee (e.g.,
the last four digits of the employee’s
social security number). The required
weekly payroll information may be
submitted in any form desired. Op-
tional Form WH–347 is available for
this purpose from the Wage and Hour
Division Web site at http://www.dol.gov/
esa/whd/forms/wh347instr.htm or its suc-
cessor site. The prime contractor is re-
sponsible for the submission of copies
of payrolls by all subcontractors. Con-
tractors and subcontractors shall
maintain the full social security num-
ber and current address of each covered
worker, and shall provide them upon
request to the (write in name of appro-
priate federal agency) if the agency is a
party to the contract, but if the agency
is not such a party, the contractor will
submit them to the applicant, sponsor,
or owner, as the case may be, for trans-
mission to the (write in name of agen-
cy), the contractor, or the Wage and
Hour Division of the Department of
Labor for purposes of an investigation
or audit of compliance with prevailing
wage requirements. It is not a viola-
tion of this section for a prime con-
tractor to require a subcontractor to
provide addresses and social security
numbers to the prime contractor for its
own records, without weekly submis-
sion to the sponsoring government
agency (or the applicant, sponsor, or
owner).
(B) Each payroll submitted shall be
accompanied by a ‘‘Statement of Com-
pliance,’’ signed by the contractor or
subcontractor or his or her agent who
pays or supervises the payment of the
persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll
period contains the information re-
quired to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5,
the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regu-
lations, 29 CFR part 5, and that such
information is correct and complete;
(2) That each laborer or mechanic
(including each helper, apprentice, and
trainee) employed on the contract dur-
ing the payroll period has been paid the
full weekly wages earned, without re-
bate, either directly or indirectly, and
that no deductions have been made ei-
ther directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations,
29 CFR part 3;
(3) That each laborer or mechanic has
been paid not less than the applicable
wage rates and fringe benefits or cash
equivalents for the classification of
work performed, as specified in the ap-
plicable wage determination incor-
porated into the contract.
(C) The weekly submission of a prop-
erly executed certification set forth on
the reverse side of Optional Form WH–
347 shall satisfy the requirement for
submission of the ‘‘Statement of Com-
pliance’’ required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the
above certifications may subject the
contractor or subcontractor to civil or
criminal prosecution under section 1001
of title 18 and section 231 of title 31 of
the United States Code.
(iii) The contractor or subcontractor
shall make the records required under
paragraph (a)(3)(i) of this section avail-
able for inspection, copying, or tran-
scription by authorized representatives
of the (write the name of the agency)
or the Department of Labor, and shall
permit such representatives to inter-
view employees during working hours
on the job. If the contractor or subcon-
tractor fails to submit the required
records or to make them available, the
Federal agency may, after written no-
tice to the contractor, sponsor, appli-
cant, or owner, take such action as
may be necessary to cause the suspen-
sion of any further payment, advance,
or guarantee of funds. Furthermore,
failure to submit the required records
upon request or to make such records
available may be grounds for debar-
ment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees —(i) Ap-
prentices. Apprentices will be permitted
to work at less than the predetermined
rate for the work they performed when
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119
Office of the Secretary of Labor § 5.5
they are employed pursuant to and in-
dividually registered in a bona fide ap-
prenticeship program registered with
the U.S. Department of Labor, Employ-
ment and Training Administration, Of-
fice of Apprenticeship Training, Em-
ployer and Labor Services, or with a
State Apprenticeship Agency recog-
nized by the Office, or if a person is em-
ployed in his or her first 90 days of pro-
bationary employment as an appren-
tice in such an apprenticeship program,
who is not individually registered in
the program, but who has been cer-
tified by the Office of Apprenticeship
Training, Employer and Labor Services
or a State Apprenticeship Agency
(where appropriate) to be eligible for
probationary employment as an ap-
prentice. The allowable ratio of ap-
prentices to journeymen on the job site
in any craft classification shall not be
greater than the ratio permitted to the
contractor as to the entire work force
under the registered program. Any
worker listed on a payroll at an ap-
prentice wage rate, who is not reg-
istered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage deter-
mination for the classification of work
actually performed. In addition, any
apprentice performing work on the job
site in excess of the ratio permitted
under the registered program shall be
paid not less than the applicable wage
rate on the wage determination for the
work actually performed. Where a con-
tractor is performing construction on a
project in a locality other than that in
which its program is registered, the ra-
tios and wage rates (expressed in per-
centages of the journeyman’s hourly
rate) specified in the contractor’s or
subcontractor’s registered program
shall be observed. Every apprentice
must be paid at not less than the rate
specified in the registered program for
the apprentice’s level of progress, ex-
pressed as a percentage of the journey-
men hourly rate specified in the appli-
cable wage determination. Apprentices
shall be paid fringe benefits in accord-
ance with the provisions of the appren-
ticeship program. If the apprenticeship
program does not specify fringe bene-
fits, apprentices must be paid the full
amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator de-
termines that a different practice pre-
vails for the applicable apprentice clas-
sification, fringes shall be paid in ac-
cordance with that determination. In
the event the Office of Apprenticeship
Training, Employer and Labor Serv-
ices, or a State Apprenticeship Agency
recognized by the Office, withdraws ap-
proval of an apprenticeship program,
the contractor will no longer be per-
mitted to utilize apprentices at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(ii) Trainees. Except as provided in 29
CFR 5.16, trainees will not be per-
mitted to work at less than the pre-
determined rate for the work per-
formed unless they are employed pur-
suant to and individually registered in
a program which has received prior ap-
proval, evidenced by formal certifi-
cation by the U.S. Department of
Labor, Employment and Training Ad-
ministration. The ratio of trainees to
journeymen on the job site shall not be
greater than permitted under the plan
approved by the Employment and
Training Administration. Every train-
ee must be paid at not less than the
rate specified in the approved program
for the trainee’s level of progress, ex-
pressed as a percentage of the journey-
man hourly rate specified in the appli-
cable wage determination. Trainees
shall be paid fringe benefits in accord-
ance with the provisions of the trainee
program. If the trainee program does
not mention fringe benefits, trainees
shall be paid the full amount of fringe
benefits listed on the wage determina-
tion unless the Administrator of the
Wage and Hour Division determines
that there is an apprenticeship pro-
gram associated with the cor-
responding journeyman wage rate on
the wage determination which provides
for less than full fringe benefits for ap-
prentices. Any employee listed on the
payroll at a trainee rate who is not
registered and participating in a train-
ing plan approved by the Employment
and Training Administration shall be
paid not less than the applicable wage
rate on the wage determination for the
classification of work actually per-
formed. In addition, any trainee per-
forming work on the job site in excess
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120
29 CFR Subtitle A (7–1–11 Edition) § 5.5
of the ratio permitted under the reg-
istered program shall be paid not less
than the applicable wage rate on the
wage determination for the work actu-
ally performed. In the event the Em-
ployment and Training Administration
withdraws approval of a training pro-
gram, the contractor will no longer be
permitted to utilize trainees at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(iii) Equal employment opportunity.
The utilization of apprentices, trainees
and journeymen under this part shall
be in conformity with the equal em-
ployment opportunity requirements of
Executive Order 11246, as amended, and
29 CFR part 30.
(5) Compliance with Copeland Act re-
quirements. The contractor shall com-
ply with the requirements of 29 CFR
part 3, which are incorporated by ref-
erence in this contract.
(6) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such
other clauses as the (write in the name
of the Federal agency) may by appro-
priate instructions require, and also a
clause requiring the subcontractors to
include these clauses in any lower tier
subcontracts. The prime contractor
shall be responsible for the compliance
by any subcontractor or lower tier sub-
contractor with all the contract
clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A
breach of the contract clauses in 29
CFR 5.5 may be grounds for termi-
nation of the contract, and for debar-
ment as a contractor and a subcon-
tractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts
1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards.
Disputes arising out of the labor stand-
ards provisions of this contract shall
not be subject to the general disputes
clause of this contract. Such disputes
shall be resolved in accordance with
the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of
this clause include disputes between
the contractor (or any of its sub-
contractors) and the contracting agen-
cy, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility. (i) By
entering into this contract, the con-
tractor certifies that neither it (nor he
or she) nor any person or firm who has
an interest in the contractor’s firm is a
person or firm ineligible to be awarded
Government contracts by virtue of sec-
tion 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be
subcontracted to any person or firm in-
eligible for award of a Government
contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false
statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety
Standards Act. The Agency Head shall
cause or require the contracting officer
to insert the following clauses set forth
in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in
an amount in excess of $100,000 and sub-
ject to the overtime provisions of the
Contract Work Hours and Safety
Standards Act. These clauses shall be
inserted in addition to the clauses re-
quired by § 5.5(a) or 4.6 of part 4 of this
title. As used in this paragraph, the
terms laborers and mechanics include
watchmen and guards.
(1) Overtime requirements. No con-
tractor or subcontractor contracting
for any part of the conract work which
may require or involve the employ-
ment of laborers or mechanics shall re-
quire or permit any such laborer or me-
chanic in any workweek in which he or
she is employed on such work to work
in excess of forty hours in such work-
week unless such laborer or mechanic
receives compensation at a rate not
less than one and one-half times the
basic rate of pay for all hours worked
in excess of forty hours in such work-
week.
(2) Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in
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121
Office of the Secretary of Labor § 5.5
paragraph (b)(1) of this section the con-
tractor and any subcontractor respon-
sible therefor shall be liable for the un-
paid wages. In addition, such con-
tractor and subcontractor shall be lia-
ble to the United States (in the case of
work done under contract for the Dis-
trict of Columbia or a territory, to
such District or to such territory), for
liquidated damages. Such liquidated
damages shall be computed with re-
spect to each individual laborer or me-
chanic, including watchmen and
guards, employed in violation of the
clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each
calendar day on which such individual
was required or permitted to work in
excess of the standard workweek of
forty hours without payment of the
overtime wages required by the clause
set forth in paragraph (b)(1) of this sec-
tion.
(3) Withholding for unpaid wages and
liquidated damages. The (write in the
name of the Federal agency or the loan
or grant recipient) shall upon its own
action or upon written request of an
authorized representative of the De-
partment of Labor withhold or cause to
be withheld, from any moneys payable
on account of work performed by the
contractor or subcontractor under any
such contract or any other Federal
contract with the same prime con-
tractor, or any other federally-assisted
contract subject to the Contract Work
Hours and Safety Standards Act, which
is held by the same prime contractor,
such sums as may be determined to be
necessary to satisfy any liabilities of
such contractor or subcontractor for
unpaid wages and liquidated damages
as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses set forth in para-
graph (b)(1) through (4) of this section
and also a clause requiring the sub-
contractors to include these clauses in
any lower tier subcontracts. The prime
contractor shall be responsible for
compliance by any subcontractor or
lower tier subcontractor with the
clauses set forth in paragraphs (b)(1)
through (4) of this section.
(c) In addition to the clauses con-
tained in paragraph (b), in any con-
tract subject only to the Contract
Work Hours and Safety Standards Act
and not to any of the other statutes
cited in § 5.1, the Agency Head shall
cause or require the contracting officer
to insert a clause requiring that the
contractor or subcontractor shall
maintain payrolls and basic payroll
records during the course of the work
and shall preserve them for a period of
three years from the completion of the
contract for all laborers and mechan-
ics, including guards and watchmen,
working on the contract. Such records
shall contain the name and address of
each such employee, social security
number, correct classifications, hourly
rates of wages paid, daily and weekly
number of hours worked, deductions
made, and actual wages paid. Further,
the Agency Head shall cause or require
the contracting officer to insert in any
such contract a clause providing that
the records to be maintained under this
paragraph shall be made available by
the contractor or subcontractor for in-
spection, copying, or transcription by
authorized representatives of the
(write the name of agency) and the De-
partment of Labor, and the contractor
or subcontractor will permit such rep-
resentatives to interview employees
during working hours on the job.
(The information collection, recordkeeping,
and reporting requirements contained in the
following paragraphs of this section were ap-
proved by the Office of Management and
Budget:
Paragraph OMB Con-
trol Number
(a)(1)(ii)(B) ......................................................... 1215–0140
(a)(1)(ii)(C) ......................................................... 1215–0140
(a)(1)(iv) ............................................................. 1215–0140
(a)(3)(i) ............................................................... 1215–0140,
1215–0017
(a)(3)(ii)(A) ......................................................... 1215–0149
(c) ....................................................................... 1215–0140,
1215–0017
[48 FR 19540, Apr. 29, 1983, as amended at 51
FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4,
1990; 57 FR 28776, June 26, 1992; 58 FR 58955,
Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR
69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]
EFFECTIVE DATE NOTE: At 58 FR 58955, Nov.
5, 1993, § 5.5 was amended by suspending para-
graph (a)(1)(ii) indefinitely.
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Exhibit H
Design-Builder’s Designated Representatives

Anthony Fernando
President
Atmos Solutions, Inc.
6856 Eastern Avenue, NW, Suite 205
Washington, DC 20012

Exhibit I
Department’s Designated Representatives and Contracting Officers
Xavier Beltran
Interim Chief Procurement Officer
Department of General Services
Contracts and Procurement Division
3924 Minnesota Avenue NE, 6th Floor
Washington, DC 20019

Peter Henry Lyonga
Contracting Officer
Department of General Services
Contracts and Procurement Division
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019

Exhibit J1
DC DGS Standard Contract Provisions Construction Contracts

Standard Contract Provisions - Page 1 of 24

District of Columbia Department of General Services
Standard Contract Provisions

GENERAL PROVISIONS
(Construction Contract)
ARTICLE 1. DEFINITIONS

A. “Government” as used herein means the District of Columbia Department of General Services,
(DGS) that is a party to a contract.

B. “Executive” as used herein means the elected head of the Government as set forth in [Public Law
93-198 dated December 24, 1973, Title 4, Part B, Section 422(1)] (Or relevant local law).

C. “Contracting Officer” as used herein means the Government official authorized to
execute and administrate the Contract on behalf of the Government. Within DGS, the Director is
the Chief Contracting Officer. The Director ma y make delegations of procurement authority to
additional contracting officers within DGS.

D. “Contract Documents” or “Contract” as used herein means Addenda, Contract Form, Standard
Contract Provisions, Instructions to Bidders, General Provisions, Labor Provisions, Performance
and Payment Bonds, Specifications, Special Pr ovisions, Contract Drawings, approved written
Change Orders and Agreements required to acc eptably complete the Contract, including
authorized extensions thereof.

ARTICLE 2. SPECIFICATIONS AND DRAWINGS—The Contractor shall keep on the work site a copy of
Contract drawings and specifications and shall at al l times give the Contracting Officer access thereto.
Anything mentioned in the specifications and not s hown on the Contract drawings, or shown on the
Contract drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned
in both.

There shall be no change orders or equitable adjustments for work related to items appearing in either the
Contract drawing or specifications.

All Contract requirements are equally binding. Each Contract requirement, whether or not omitted
elsewhere in the Contract, is binding as though occurri ng in any or all parts of the Contract. In case of
discrepancy:

1. The Contracting Officer shall be promptly notifi ed in writing of any error, discrepancy or
omission, apparent or otherwise.

2. Applicable Federal, State, and Municipal C ode requirements have priority over: the
Contract form, General Provisions, Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.

3. The Contract form, Standard Contract Prov isions, General Provisions and Labor
Provisions have priority over: Change Or ders, Addenda, Contract drawings, Special
Provisions and Specifications.

4. Change Orders have priority over: Addenda, Contract drawings and Specifications.

5. Addenda have priority over: Contract drawin gs, Special Provisions and Specifications. A
later dated Addendum has priority over earlier dated Addenda.

6. Special Provisions have priority over: Contract drawings and other specifications.

Standard Contract Provisions - Page 2 of 24

7. Shown and indicated dimensions have priority over scaled dimensions.

8. Original scale drawings and details have prio rity over any other different scale drawings
and details.

9. Large scale drawings and details have priority over small scale drawings and details.

10. Any adjustment by the Contractor without a prior determination by the Contracting Officer
shall be at his own risk and expense. The Contracting Officer will furnish from time to
time such detail drawings and other information as he may consider necessary, unless
otherwise provided.

ARTICLE 3. CHANGES

A. DESIGNATED CHANGE ORDERS —The Contracting Officer may, at any time, without notice to
the sureties, by written order designated or i ndicated to be a change order, make any change in
the work within the general scope of the Contract, including but not limited to changes

1. In the Contract drawings and specifications;

2. In the method or manner of performance of the work;

3. In the Government furnished facilities, equipment, materials or services; or

4. Directing acceleration in the performance of the work.

Nothing provided in this Article shall excuse the Contractor from proceeding with the prosecution
of the work so changed.

B. OTHER CHANGE ORDERS —Any other written order or an oral order (which term as used in this
Section (B) shall include direction, instruction, interpretation, or de termination) from the
Contracting Officer which causes any such change, shall be treated as a Change Order under
this Article, provided that the Contractor gives the Contracting O fficer written notice stating the
date, circumstances and sources of the order a nd that the Contractor regards the order as a
Change Order.

C. GENERAL REQUIREMENTS —Except as herein provided, no orde r, statement or conduct of the
Contracting Officer shall be treated as a change un der this Article or entitle the Contractor to an
equitable adjustment hereunder. If any change under this Article causes an increase or decrease
in the Contractor’s cost of, or the time required for, the performance of any part of the work under
this Contract whether or not changed by any order, an equitable adjustment shall be made and
the Contract modified in writing accordingly; prov ided, however, that except for claims based on
defective specifications, no claim for any change under (B) above shall be allowed for any cost
incurred more than 20 days before the Contractor gives written notice as therein required unless
this 20 days is extended by the Contracting Officer a nd provided further, that in case of defective
drawings and specifications, the equitable adjustment shall include any increased cost
reasonably incurred by the Contractor in attempti ng to comply with such defective drawings and
specifications.

If the Contractor intends to assert a claim for an equitable adjustment under this Article, he must,
within 30 days after receipt of a written Change Order under (A) above or the furnishing of a
written notice under (B) above, s ubmit to the Contracting Officer a written statement setting forth
the general nature and monetary extent of such claim, unless this period is extended by the
Contracting Officer. The statement of claim he reunder may be included in the notice under (B)
above.
Standard Contract Provisions - Page 3 of 24

With respect to the notification requirements hereunder, time is of the essence. A failure to
provide timely notice constitutes wa iver of the claim. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after final payment under the Contract.

D. CHANGE ORDER BREAKDOWN —Contract prices shall be used for Change Order work where
work is of similar nature; no other costs, overhead or profit will be allowed.

Where Contract prices are not appropriate and the nature of the change is known in advance of
construction, the parties shall attempt to agree on a fully justifiable price adjustment and/or
adjustment of completion time.

When Contract prices are not appropriate, or t he parties fail to agree on equitable adjustment, or
in processing claims, equitable adjustment for Change Order work shall be per this Article and
Article 4 and shall be based upon the breakdown shown in following subsections 1. through 7.
The Contractor shall assemble a complete cost breakdown that lists and substantiates each item
of work and each item of cost.

1. Labor —Payment will be made for direct labor cost plus indirect labor cost such as
insurance, taxes, fringe benefits and welf are provided such costs are considered
reasonable. Indirect costs shall be itemized and verified by receipted invoices. If
verification is not possible, up to 18 percent of direct labor costs may be allowed. In
addition, up to 20 percent of direct plus indi rect labor costs may be allowed for overhead
and profit.

2. Bond —Payment for additional bond cost will be made per bond rate schedule submitted
to the Office of Contracting and Procurement with the executed Contract.

3. Materials —Payment for cost of required materials w ill be F.O.B. destination (the job site)
with an allowance for overhead and profit.

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

5. Contractor’s Equipment — Payment for required equipmen t owned by the Contractor or
an affiliate of the Contractor will be based sole ly on an hourly rate derived by dividing the
current appropriate monthly rate by 176 hours. No payment will be made under any
circumstances for repair costs, freight and transportation charges, fuel, lubricants,
insurance, any other costs and expenses, or overhead and profit. Payment for such
equipment made idle by delays attributable to the Government will be based on one-half
the derived hourly rate under this subsection.

6. Miscellaneous —No additional allowance will be made for general superintendence, use
of small tools and other costs for which no specific allowance is herein provided.

Standard Contract Provisions - Page 4 of 24

7. Subcontract Work —Payment for additional necessary subcontract work will be based
on applicable procedures in 1. through 6., to which total additional subcontract work up to
an additional 10 percent may be allowed for the Contractor’s overhead and profit.

ARTICLE 4. EQUITABLE ADJUSTMENT OF CONTRACT TERMS

The Contractor is entitled to an equitable adjustment of the contract terms whenever the following
situations develop:

A. DIFFERING SITE CONDITIONS:

1. During the progress of the work, if subsurface or latent physical conditions are encountered
at the site differing materially from those indicated in the contract or if unknown physical
conditions of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the work provided for in the contract, are encountered at
the site, the Contractor, upon discovering such conditions, shall promptly notify the
Contracting Officer in writing of the specific differing conditions before they are disturbed and
before the affected work is performed.

2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she
determines that the conditions materially differ and cause an increase or decrease in the cost
or time required for the performance of any work under the contract, an adjustment, excluding
loss of anticipated profits, will be made and the contract modified in writing accordingly. The
Contracting Officer will notify the Contractor of his/her determination whether or not an
adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the
Contractor has provided the required written notice; a failure to notify the Contracting Officer
of the changed conditions prior to work being disturbed by said conditions shall constitute a
permanent waiver of all right to compensation related to the changed conditions by the
Contractor.

4. No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.

B. SUSPENSION OF WORK ORDERED BY THE CONTRACTING OFFICER:

1. If the performance of all or any portion of the work is suspended or delayed by the
Contracting Officer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the Contractor believes that
additional compensation and/or contract time is due as a result of such suspension or delay,
the Contractor shall submit to the Contracting Officer in writing a request for equitable
adjustment within seven (7) calendar days of receipt of the notice to resume work. The
request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the Contracting Officer will evaluate the Contractor’s request. If the Contracting
Officer agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by conditions
beyond the control or and not the fault of the contractor, its suppliers, or subcontractors at
any approved tier, and not caused by weather, the Contracting Officer will make an
adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting
Officer will notify the Contract of his/her determination whether or not an adjustment of the
contract is warranted.

3. No contract adjustment will be allowed unless the Contractor has submitted the request for
adjustment within the time prescribed; a failure to submit a request for adjustment in the time
Standard Contract Provisions - Page 5 of 24

prescribed shall constitute waiver of all right to compensation related to the suspension of
work by the Contractor.

4. No contract adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustment is provided
for or excluded under any other term of condition of this contract.

C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK :

1. The Contracting Officer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to satisfactorily
complete the project. Such changes in quantities and alterations shall not invalidate the
contract nor release the surety, and the Contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under
the contract, whether or not changed by any such different quantities or alterations, an
adjustment, excluding loss of anticipated profits, will be made to the contract. The basis for
the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot
be agreed upon, then an adjustment will be made either for or against the Contractor in such
amount as the Contracting Officer may determine to be fair and reasonable.

3. If the alterations or changes in quantities significantly change the character of the work to be
performed under the contract, the altered work will be paid for as provided elsewhere in the
contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:

a. When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or

b. When an item of work is increased in excess of 125 percent or decreased below 75
percent of the original contract quantity. Any allowance for an increase in quantity
shall apply only to that portion in excess of 125 percent of original contract item
quantity, or in the case of a decrease below 75 percent, to the actual amount of work
performed.

ARTICLE 5. TERMINATION

TERMINATION GENERALLY- Termination, whether for default or convenience, is not a Government
claim. The Contracting Officer may terminate a contract for default, in whole or in part, if the termination
is in the best interests of the Government, and the Contractor does any of the following:
(a) Fails to deliver the goods or complete the work or services within t he time specified in the
contract or any modification;
(b) Fails to make sufficient progress on contract performance so as to endanger performance of the
contract within the time specified or in the manner specified in the contract;
(c) Fails or refuses to go forward with the work in accordance with the direction of the Contracting
Officer;
(d) Expresses through word or conduct an intention not to complete the work in accordance with the
directions of the Contracting Officer;
(e) Fails to perform any of the ot her provisions of the contract;
(f) Materially deviates from the representations and capabilities set fort h in the Contractor’s
response to the solicitation.
A termination for default is a final decision of a Contract ing Officer. In order to contest a termination for
default, the Contractor must submit a certified request to convert the termination for default to a
termination for convenience with all documents suppor ting such conversion and co mply with all contract
Standard Contract Provisions - Page 6 of 24

provisions and laws relating to terminations for convenience, including the submission of a certified
termination for convenience settlement proposal. The submission of the certified request for conversion to
a termination for convenience and certified terminat ion settlement proposal to the Contracting Officer
must occur prior to 90 days from the date of the Contracting Officer’s final decision.

DELAYS—If the Contractor refuses or fails to prosecut e the work, or any separable part thereof, with
such diligence as will insure its co mpletion within the time specified in the Contract, or any extension
thereof, or fails to complete said wo rk within specified time, the Government may, by written notice to the
Contractor, terminate his right to proceed with the work or such part of the work involving the delay. In
such event the Government may take over the work and prosecute the same to completion, by contract or
otherwise, and may take possession of and utilize in completing the work such materials, appliances, and
plant as may have been paid for by the Government or may be on the site of the work and necessary
therefore. Whether or not the Cont ractor’s right to proceed with the work is terminated, he and his
sureties shall be liable for any liabilit y to the Government resulting from his refusal or failure to complete
the work within the specified time.

If fixed and agreed liquidated damages are provided in the Contract and if the Government does not so
terminate the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages
until the work is completed and accepted.

The Contractor’s right to proceed shall not be so te rminated nor the Contractor charged with resulting
damage if:

1. The delay in the completion the work arises fr om unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including but not re stricted to acts of God, acts
of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of
another contractor in the performance of a contract with the Government, fires, floods, epidemics,
quarantine restrictions, st rikes, freight embargoes, climatic conditions beyond the normal which
could be anticipated, or delays of subcontractors or suppliers arising from unforeseeable causes
beyond the control and without the fault or negl igence of both the Contractor and such
subcontractors or suppliers (the term subcontra ctors or suppliers shall mean subcontractors or
suppliers at any tier); and

2. The Contractor, within 72 hours from the beginnin g of any such delay, (unless the Contracting
Officer grants a further period of time before the date of final payment under the Contract) notifies
the Contracting Officer in writing of the causes of delay.

The Contracting Officer shall asce rtain the facts and the extent of the delay and extend the time far
completing the work when, in his judgment, the findings of fact justify such an extension, and his findings
of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein.

If, after notice of termination of the Co ntractor’s right to proceed under the provisions of this Article, it is
determined for any reason that the Cont ractor was not in default under the provisions of this Article, or
that the delay was excusable under the provisions of th is Article, the rights and obligations of the parties
shall be in accordance with Article 6 herein. Failure to agree to any such adjustment shall be a dispute
concerning a question of fact within the meaning of Article 7 herein.

The rights and remedies of the Government provided in this Article are in addition to any other rights and
remedies provided by law or under the Contract.

The Government may, by written notice, terminate the Contract or a portion ther eof as a result of an
Executive Order of the President of the United States with respect to the prosecution of war or in the
interest of national defense. When the Contract is so terminated, no claim for loss of anticipated profits
will be permitted.

ARTICLE 6. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
Standard Contract Provisions - Page 7 of 24

A. The performance of work under the Contract may be terminated by the Government in
accordance with this Article in whole, or in part, whenever the Contracting Officer shall
determine that such termination is in the best interest of the Government. Any such termination
shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent
to which performance of work under the Contra ct is terminated, and the date upon which such
termination becomes effective.

B. After receipt of a Notice of Termination, and ex cept as otherwise direct ed by the Contracting
Officer, the Contractor shall:

1. Stop work under the Contract on the date and to the extent specified in the Notice of
Termination.

2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract as is not
terminated.

3. Terminate all orders and subcontracts to the ex tent that they relate to the performance of
work terminated by the Notice of Termination.

4. Assign to the Government, in the manner, at the times, and to the extent directed by the
Contracting Officer, all of the right, title and in terest of the Contractor under the orders and
subcontracts so terminated, in which case the Government shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.

5. Settle all outstanding liabilities and all claims aris ing out of such termination of orders or
subcontracts, with the approval or ratification of the Contracting Officer to the extent he may
require, which approval or ratification shall be final for all purposes of this Article.

6. Transfer title to the Government and deliver in the manner, at the times, and to the extent, if
any, directed by the Contracting Officer
:
a. The fabricated or unfabricated parts, work in progress, completed work, supplies, and
other material procured as a part of, or acquired in connection with, the performance
of the work terminated by the Notice of Termination, and

b. The completed, or partially completed plans, drawings information and other property
which, if the Contract bad been completed, would have been required to be furnished
to the Government.

7. Use his best efforts to sell, in the manner, at the terms, to the extent, and at the
price or prices directed or authorized by the Contracting Officer, any property of the
types referred to in 6 above provided, however, that the Contractor:

a. Shall not be required to extend credit to any purchaser, and

b. May acquire any property under the condition s prescribed and at a price or prices
approved by the Contracting Officer, and

c. Provided further, that the proceeds of any such transfer or disposition shall be applied
in reduction of any payments to be made by the Government to the Contractor under
the Contract or shall otherwise be credited to the price or cost of the work covered by
the Contract or paid in such other manner as the Contracting Officer may direct.

Standard Contract Provisions - Page 8 of 24

8. Complete performance of such part of the work as shall not have been terminated by the
Notice of Termination.

9. Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract which is in the
possession of the Contractor and in which the Government has or may acquire an
interest.

10. The Contractor shall proceed immediately with the performance of the above
obligations notwithstanding any delay in determi ning or adjusting the cost, or any item of
reimbursable cost, under this Article.

11. “Plant clearance period” means, for each particular property classification (such as
raw materials, purchased parts and work in progress) at any one plant or location, a
period beginning with the effective date of the termination for convenience and ending 90
days after receipt by the Contracting Officer of acceptable inventory schedules covering
all items of that particular property classificati on in the termination inventory at that plant
or location, or ending on such later date as may be agreed to by the Contracting Officer
and the Contractor. Final phase of a plant clearance period means that part of a plant
clearance period which occurs alter the receipt of acceptable inventory schedules
covering all items of the particular property classification at the plant or location.

At any time after expiration of the plant clearance period, as defined above, the Contractor
may submit to the Contracting Officer a list, ce rtified as to quantity and quality, of any or
all items of termination inventory not prev iously disposed of, exclusive of items the
disposition of which has been directed or aut horized by the Contracting Officer, and may
request the Government to remove such items or enter into a storage agreement covering
them. Not later than 15 days thereafter, the Government will accept title to such items and
remove them or enter into a storage agreem ent covering the same; provided, that the list
submitted shall be subject to verification by the Contracting Officer upon removal of the
items or, if the items are stored, within 45 days from the date of submission of the list, and
any necessary adjustments to correct the list as submitted, shall be made prior to final
settlement.

C. After receipt of a Notice of Termination, the C ontractor shall submit to the Contracting Officer
his termination claim, in the form with the cert ification prescribed by the Contracting Officer.
Such claim shall be submitted promptly but in no event later than 90 days from the effective
date of termination, unless one or more extensio ns in writing are granted by the Contracting
Officer upon request of the Contractor made in writing within such 90 day period or authorized
extension thereof. In the event the Contractor was te rminated for default and it asserts that it is
entitled to a termination for convenience, its cert ified request for the conv ersion of the default
termination to one for convenience and its cert ified termination settlement proposal must be
submitted to the Contracting Officer prior to the expiration of 90 days from the date of the
default termination. With respect to a terminat ion for convenience, if the Contracting Officer
determines that the facts justify such action, he may receive and act upon any such termination
claim at any time after such 90 day period or extension thereof. Nothing herein shall be
construed to extend the time for the submission of a claim hereunder for a defaulted Contractor
beyond 90 days from the date of the default termi nation. Upon failure of the Contractor to
submit his termination claim within the time allowed, the Contracting Officer may, subject to any
review required by the Government’s procedures in effect as of the date of execution of the
Contract, determine, on the basis of information av ailable to him, the amount, if any, due to the
Contractor by reason of the termination and sha ll thereupon pay to the Contractor the amount
so determined.

D. Subject to the provisions of C above, and subjec t to any review required by the Government’s
procedures in effect as of the date of executio n of the Contract, the Contractor and Contracting
Standard Contract Provisions - Page 9 of 24

Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor by reason of the total or partial term ination of work pursuant to this Article, which
amount or amounts may include a reasonable allowanc e for profit on work done; provided, that
such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further reduced
by the Contract price of work not terminated. The Contract shall be amended accordingly, and
the Contractor shall be paid the agreed amount. Nothing in E below prescribing the amount to
be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to
agree upon the whole amount to be paid to the Cont ractor by reason of the termination of work
pursuant to this Article, shall be deemed to limi t, restrict or otherwise determine or effect the
amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this
paragraph.

E. In the event of the failure of t he Contractor and the Contracting Officer to agree as provided in
D above upon the whole amount to be paid to the Contractor by reason of the termination of
work pursuant to this Article, the Contracting Officer shall, subject to any review required by the
Government’s procedures in effect as of the date of execution of t he Contract, determine, on
the basis of information available to him, the amount, if any, due the Contractor by reason of
the termination and shall pay to the Contractor the amounts determined by the Contracting
Officer, as follows, but without duplication of any amounts agreed upon in accordance with D
above:

1. With respect to all Contract work performed prior to the effective date of the Notice of
Termination, the total (without duplication of any items) of:

a. The cost of such work;

b. The cost of settling and paying claims arising out of the termination of
work under subcontracts or orders as provided in B 5. above, exclusive
of the amounts paid or payable on account of supplies or materials
delivered or services furnished by the subcontractor prior to the
effective date of the Notice of Term ination of work under the Contract,
which amounts shall be included in the cost on account of which
payment is made under E1.a. above; and

c. A sum, as profit on E.1.a. above, determined by the Contracting
Officer to be fair and reasonable; prov ided however, that if it appears
that the Contractor would have sust ained a loss on the entire Contract
had it been completed, no profit sha ll be included or allowed under this
subparagraph and an appropriate adjustment shall be made reducing
the amount of the settlement to reflect the indicated rate of loss; and
provided further that profit shall be allowed only on preparations made
and work done by the Contractor fo r the terminated portion of the
Contract but may not be allowed on the Contractor’s settlement
expenses. Anticipatory profits and consequential damages will not be
allowed. Any reasonable method may be used to arrive at a fair profit,
separately or as part of the whole settlement.

2. The reasonable cost of the preservation and protection of property incurred
pursuant to B.9; and any other reasonable cost incidental to termination of work
under the Contract including expense incidental to the determination of the
amount due to the Contractor as the result of the termination of work under the
Contract.

F. The total sum to be paid to me Contractor under E.1. above shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further
Standard Contract Provisions - Page 10 of 24

reduced by the Contract price of work not terminated. Except for normal spoilage, and
except to the extent that the Government shall have otherwise expressly assumed the risk
of loss, there shall be excluded from the amounts payable to the Contractor under
E.1. above, the fair value, as determined by the Contracting Officer, of property which
is destroyed, lost, stolen or damaged so as to become undeliverable to the Government, or
to a buyer pursuant to B.7 above.

G. The Contractor shall have the right of appeal, under Article 7 herein, from any
determination made by the Contracting Officer un der C. or E. above, except that, if the
Contractor has failed to submit his claim within the time provided in C above and has failed to
request extension of such time, he shall have no such right of appeal. In any case where the
Contracting Officer has made a determination of the amount due under C. or E. above, the
Government shall pay to the Contractor the following:

1. If there is no right of appeal hereunder or if no timely appeal has been taken, the
amount so determined by the Contracting Officer, or

2. If an appeal had been taken, the amount finally determined on such appeal.

H. In arriving at the amount due the Contractor under this Article there shall be deducted:

1. all unliquidated advance or other payments on account theretofore made to the
Contractor, applicable to the terminated portion of the Contract;

2. any claim which the Government may have against the Contractor in connection with
the Contract; and

3. the agreed price for, or the proceeds of sale of, any materials, supplies or other things
kept by the Contractor or sold, pursuant to the provisions of this Article and not
otherwise recovered by or credited to the Government.

I. If the termination hereunder be partial, prior to the settlement of the terminated portion of the
Contract, the Contractor may file with the C ontracting Officer a request in writing for an
equitable adjustment of the price or prices specif ied in the Contract relating to the continued
portion of the Contract (the portion not termi nated by the Notice of Termination), and such
equitable adjustment as may be agreed upon shall be made at such price or prices; however,
nothing contained herein shall limit the right of the Government and the Contractor to agree
upon the amount or amounts to be paid to the Co ntractor for the completion of the continued
portion of the Contract when said Contract does not contain an established Contract price for
such continued portion.

J. The Government may from time to time, under such terms and conditions as it may prescribe,
make partial payments against costs incurred by the Contractor in connection with the
terminated portion of the Cont ract whenever in the opinion of the Contracting Officer the
aggregate of such payments shall be within t he amount to which the Contractor will be
entitled hereunder. If the total of such payments is in excess of the amount finally agreed or
determined to be due under this Article, such ex cess Shall be payable by the Contractor to
the Government upon demand, together with intere st computed at the rate of 6 percent per
annum for the period from the date such excess is received by the Contractor to the date on
which such excess is repaid to the Government; provided however, that no interest shall be
charged with respect to any such excess payment attributable to a reduction in the
Contractor’s claim by reason of retention or other disposition of termination inventory until ten
days after the date of such retention or dispos ition, or such later date as determined by the
Contracting Officer by reason of the circumstances.

Standard Contract Provisions - Page 11 of 24

K. Unless otherwise provided in the Contract or by applicable statute, the Contractor, from the
effective date of termination and for a period of three years after final settlement under the
Contract, shall preserve and make available to the Government at all reasonable times at the
office of the Contractor, but without direct charge to the Government, all his books, records,
documents and other evidence bearing on the costs and expenses of the Contractor under
the Contract and relating to the work terminated hereunder, or, to the extent approved by the
Contracting Officer, photographs and other authentic reproductions thereof.

ARTICLE 7. DISPUTES

A. All disputes arising under or relating to this contract shall be resolved as provided herein.
B. Claims by a Contractor against the Government.
(1) Claim, as used in Section B of this clause, m eans a written assertion by the Contractor seeking,
as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) All claims by a Contractor against the Government arising under or relating to a contract shall be
in writing and shall be submitted to the Contracting Officer for a decision.
(b) Within 120 days after receipt of a claim, the Contracting Officer shall issue a decision, whenever
possible taking into account factors such as the size and complexity of the claim and the
adequacy of the information in support of the claim provided by the Contractor.
(c) Any failure by the Contracting Officer to iss ue a decision on a contract claim within the required
time period shall be deemed to be a denial of the claim and shall authorize the commencement of
an appeal on the claim as otherwise provided.
(d) (1) If a Contractor is unable to support any part of his or her claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of the
Contractor, the Contractor shall be liable to the Government for an amount equal to the
unsupported part of the claim in addition to all costs to the Government attributable to the cost of
reviewing that part of the Contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the
misrepresentation of fact or fraud.
(e) All cost data, pricing data, and task data of claims hereunder must be certified as accurate,
complete, required, and necessary to the best of the Contractor’s knowledge and belief. Further,
all task or work data in the claim must be described therein to the smallest unit of work or task.
The Contracting Officer may require any additional certifications, descriptions or explanations of
the claim.
(f) The parties agree that time is of the essenc e and all claims hereunder must be presented to the
Contracting Officer for a final decision within thirty (30) days of the occurrence of the
circumstances giving rise to such claim or within thirty (30) days of when the Contractor knew or
should have known of the circumstances giving rise to such claim, otherwise compensation for
that claim is waived.
(g) The parties agree that there shall be no claims for unabsorbed home office overhead.

(2) The Contractor’s claim shall contain at least the following:
(a) A description of the claim and the amount in dispute;
(b) Any data or other information in support of the claim;
(c) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(d) The Contractor’s request for relief or other action by the Contracting Officer.
(e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim.

(3) The decision of the Contracting Officer sha ll be final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the Contractor.
(4) Pending final decision of an appeal, action, or final settlement, a Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the Contracting Officer.
C. Claims by the Government against a Contractor
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(a) Claim as used in Section C of this clause, means a written demand or written assertion by the
Government, including the Contracting Officer, seeking, as a matter of right, the payment of money in a
sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A
claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be
construed to require the Government to notify the Contractor prior to the issuance of the Contracting
Officer’s final decision.
(b) (1) All claims by the Government against a Contractor arising under or relating to a contract shall be
decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision
to the Contractor.
(2) The decision shall be supported by reasons and shall inform the Contractor of his or her rights.
Specific findings of fact shall not be required.
(3) This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
(4) The decision of the Contracting Officer shall be final and not subject to review unless an administrative
appeal or action for judicial review is timely commenced by the Contractor.
(5) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently
with performance of the contract in accordance with the decision of the Contracting Officer.

ARTICLE 8. PAYMENTS TO CONTRACTOR —Unless otherwise provided in the Contract, the
Government will pay the contract price or prices as hereinafter provided in accordance with Government
regulations.

The Government will make progress payments monthl y as the work proceeds, or at more frequent
intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer.
The Contractor shall furnish a breakdown of the total Contract price showing the amount included
therein for each principal category of the work, in such detail as requested, to provide a basis for
determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion,
may authorize material delivered on the site and preparatory work done to be taken into consideration.
Material delivered to the Contractor at locations other than the site may also be taken into consideration:

1. If such consideration is specifically authorized by the Contract;

2. If the Contractor furnishes satisfactory evidence that he has acquired title to such material, that it
meets Contract requirements and that it will be utilized on the work covered by the Contract; and

3. If the Contractor furnishes to the Contracting Officer an itemized list.

The Contracting Officer at his/her discretion shall cause to be withheld retention in an amount sufficient
to protect the interest of the Government. Unless otherwise agreed, the amount shall not exceed ten
percent (10%) of the partial payment. However, if the Contracting Officer, at any time after 50 percent of
the work has been completed, finds that satisfactory progress is being made, he may authorize any of
the remaining progress payments to be made in full or may retain from such remaining partial payments
less than 10 percent thereof. Also, whenever work is substantially complete, th e Contracting Officer, if
he considers the amount retained to be in excess of the amount adequate fo r the protection of the
Government, at his discretion, may release to the C ontractor all or a porti on of such excess amount.
Furthermore, on completion and acceptance of each sepa rate building, public work, or other division of
the Contract, on which the price is stated separate ly in the Contract, payment may be made therefore
without retention of a percentage, less authorized deductions.

All material and work covered by progress payments made shall thereupon become the sole property of
the Government, but this provision shall not be cons trued as relieving the Contractor from the sole
responsibility for all material and work upon which payments have been made or the restoration of any
damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of
the Contract.

Standard Contract Provisions - Page 13 of 24

Upon completion and acceptance of all work, the amount due the Contractor under the Contract shall be
paid upon presentation at a properly executed voucher and after the Contractor shall have furnished the
Government with a release, if required, of all clai ms against the Government arising by virtue of the
Contract, other than claims in stated amounts as may be specifically excepted by the Contractor from
the operation of the release.

ARTICLE 9. TRANSFER OR ASSIGNMENT —Unless otherwise provided by law, neither the Contract
nor any interest therein may be transferred or assigned by the Contractor to any other party without the
written consent of the Contracting Officer nor with out the written acceptance by the surety on the
performance and payment bond securing the Contract of the assignee as the Contractor and the
principal on such bond; and any attempted transfer or assignment not authorized by this Article shall
constitute a breach of the Contract and the Government may for such cause terminate the right of the
Contractor to proceed in the same manner as provi ded in Article 5 herein, and the Contractor and his
sureties shall be liable to the Government for any excess cost occasioned the Government thereby.

ARTICLE 10. MATERIAL AND WORKMANSHIP

A. GENERAL —Unless otherwise specifically provided in the Contract, all equipment, material and
articles incorporated in the work covered by t he Contract shall be new and of the most suitable
grade for the purpose intended. Unless otherwise specifically provided in the Contract, reference
to any equipment, material, article or patented pr ocess, by trade name, make or catalog number,
shall be regarded as establishing a standard of quality and shall not be construed as limiting
competition., and the Contractor may use any equipment, material, article or process which, in
the judgment of the Contracting Officer, is equi valent to that named unless otherwise specified.
The Contractor shall furnish to the Contract ing Officer for his approval the name of the
manufacturer, the model number, and other i dentifying data and information respecting the
performance, capacity, nature and rating of the mechanical and other equipment which the
Contractor contemplates incorporating in the work. Machinery and equipment shall be in proper
condition. When required by the Contract or when called for by the Contracting Officer, the
Contractor shall furnish to the Contracting Offi cer for approval full information concerning the
material or articles which he contemplates inco rporating in the work. When so directed, samples
shall be submitted for approval at the Contract or’s expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles instal led or used without required approval shall be
at the risk of subsequent rejection and subject to satisfactory replacement at Contractor’s
expense.

B. SURPLUS MATERIALS USE —Whenever specified in the Contract or authorized by the
Contracting Officer that materials become the property of the Contractor, which by
reference or otherwise shall include disposal of materials, it is understood that the
Contractor accepts such materials “as is” with no further expense or liability to the Government. If
such material specified in the Contract will have a potential or real interest of value, the
Contractor shall make allowance in the Contract to show such value.

C. GOVERNMENT MATERIAL —No materials furnished by the Government shall be applied to any
other use, public or private, than that for which they are issued to the Contractor. The full amount
of the cost to the Government of all materials fu rnished by the Government to the Contractor and
for which no charge is made, which are not accounted for by the Contractor to the satisfaction of
the Contracting Officer, will be charged against the Contractor and his sureties and may be
deducted from any monies due the Contractor, and th is charge shall be in addition to and not in
lieu of any other liabilities of t he Contractor whether civil or cr iminal. Materials furnished by the
Government for which a charge is made at a rate mentioned in the specifications will be delivered
to the Contractor upon proper requisitions therefore and will be charged to his account.

D. Plant —The Contractor shall at all times employ sufficient tools and equipment for prosecuting
the various classes of work to full completion in the manner and time required. The Contractor
shall at all times perform work in sufficient light and shall prov ide proper illuminat ion, including
Standard Contract Provisions - Page 14 of 24

lighting required for night work as directed, as a Contract requirement. All equipment, tools,
formwork and staging used on the project shall be of sufficient size and in proper mechanical and
safe condition to meet work requirements, to produce satisfactory work quality and to prevent
injury to persons, the project or adjacent property. When methods and equipment are not
prescribed in the Contract, the Contractor is fr ee to use tools, methods and equipment that he
satisfactorily demonstrates will accomplish the work in conformity with Contract requirements.

If the Contractor desires to use a method or type of tool or equipment other than specified in the
Contract, he shall request approval to do so; the request shall be in writing and shall include a full
description of proposed methods, tools and equipm ent and reason for the change or substitution.
Approval of substitution s and changed method s will be on condition that the Contractor will be
fully responsible for producing work meeting Co ntract requirements. If after trial use of the
substituted methods, tools and equipment, the Contracting Officer determines that work produced
does not meet Contract requirements, the Cont ractor shall complete remaining work with
specified methods, tools and equipment.

E. CAPABILITY OF WORKERS- All work under the C ontract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require the Contractor to remove from the
work any such employees as the Contracting Officer deems incompetent, careless,
insubordinate, or otherwise objectionable, or whose continued employment on the work is
deemed by the Contracting Officer to be contrary to the public interest. Such request will be in
writing:

F. CONFORMITY OF WORK AND MATERIALS —All work performed and materials and products
furnished shall be in conformity, within indicated tolerances, with lines, grades, cross sections,
details, dimensions, material and construction re quirements shown or intended by the drawings
arid specifications.

When materials, products or work cannot be correc ted, written notice of rejection will be issued.
Rejected materials, products and work shall be eliminated from the project and acceptably
replaced at Contractor’s expense. The Contracting Officer’s failure to reject any portion of the
project shall not constitute implied acceptance nor in any way release the Contractor from
Contract requirements.

G. UNAUTHORIZED WORK AND MATERIALS —Work performed or materials ordered or
furnished for the project deviating from requirem ents and specifications without written authority,
will be considered unauthorized and at Contractor’s expense. The Government is not obligated to
pay for unauthorized work. Unauthorized work and materials may be ordered removed and
replaced at Contractor’s expense.

ARTICLE 11. INSPECTI ON AND ACCEPTANCE —Except as otherwise prov ided in the Contract,
inspection and test by the Government of materi al and workmanship required by the Contract shall be
made at reasonable times and at the site of the work, unless the Contracting Officer determines that such
inspection or test of material which is to be inco rporated in the work shall be made at the place of
production, manufacture or shipment of such material. To the extent specified by the Contracting Officer
at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as
to whether the material involved conforms to Contract requirements. Such off-site inspection or test shall
not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in
any way affect the continuing rights of the Government after acceptance of the completed work under the
terms of the last paragraph of this Article, except as herein above provided.

The Contractor shall, without c harge, replace any material and correct any workmanship found by the
Government not to conform to Contract requirements and specifications, unless in the public interest the
Government consents to accept such material or workmanship with an appropriate adjustment in Contract
price. The Contractor shall prompt ly segregate and remove rejected material from the premises at
Contractor’s expense.
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If the Contractor does not promptly replace reject ed material or correct rejected workmanship, the
Government:

1. May, by contract or otherwise, replace such material and correct such workmanship and
charge the cost thereof to the Contractor, or

2. May terminate the Contractor’s right to proceed in accordance with Article 5 herein.

The Contractor shall furnish promptly, without addi tional cost to the Government, all facilities,
labor and material reasonably needed for performing such safe and convenient inspection and
test as may be required by the Contracting Office r. All inspections and tests by the Government
shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and
performance tests shall be performed as descri bed in the Contract. The Contractor shall be
charged with any additional cost of inspection when material and workmanship are not ready for
inspection at the time specified by the Contractor.

Should it be considered necessary or advisable by the Contracting Officer at any time before
acceptance of the work, either in part or in its entirety, to make an examination of work
completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all
necessary facilities, labor and material to do same. If such work is found to be defective or
nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he
shall defray all the expenses of such examination and of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, an equitable adjustment shall be
made in the Contract price to compensate the Contractor for the additional services involved in
such examination and reconstruction and, if completion of the work has been delayed thereby, he
shall, in addition, be granted an equitable extension of time.

Unless otherwise provided in the Contract, acceptance by t he Government will be made as
promptly as practicable after completion and insp ection of all work required by the Contract.
Acceptance shall be final and conclusive except as regards to latent defects, deficiencies, non-
conforming work, fraud, or such gross mistakes as may amount to fraud, or as regards the
Government’s rights under any warranty or guaranty, or as otherwise provided herein.

ARTICLE 12. SUPERINTENDENCE BY CONTRACTOR —The Contractor shall give his personal
superintendence to the performance of the work or have a competent foreman or superintendent,
satisfactory to the Contracting Office r, on the work site at all times du ring progress, with authority to act
for him.

ARTICLE 13. PERMITS AND RESPONSIBILITIES —The Contractor shall, without expense to the
Government, be responsible for obtaining any necessa ry licenses, certificates and permits, and for
complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection
with the prosecution of the work. He shall be similarl y responsible for all damages to persons or property
that occurs as a result of his fault or negligence. He shall take proper safety, health and environmental
precautions to protect the work, the workers, the p ublic, and the property of others. He shall also be
responsible for all materials delivered and work perf ormed until completion and acceptance of the entire
construction work, except for any completed unit of construction thereof which theretofore may have been
accepted.

ARTICLE 14. INDEMNIFICATION—

A. The Contractor shall indemnify and save harmless the Government and all of its officers, agents
and servants against any and all claims or liability arising from or based on, or as a consequence
or result of, any act, omission or default of the Co ntractor, his employees, or his subcontractors,
in the performance of, or in connection with, any work required, contemplated or performed under
the Contract.
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B. Disputes between the Contractor and any subcontra ctors, material suppliers, or any other third
parties over payments allegedly owed by the Cont ractor to a third party shall be resolved
exclusively between the Contractor and the th ird party; the Contractor shall permit no pass-
through suits to be brought against the Government by a third party in the Contractor’s name.
However, nothing herein shall be construed to prevent the Contractor from paying a
subcontractor’s claim and seeking a timely equitable adjustment hereunder.

ARTICLE 15. PROTECTION AGAINST TRESPASS —Except as otherwise ex pressly provided in the
Contract, the Contractor is authorized to refuse admiss ion either to the premises or to the working space
covered by the Contract to any person whose admission is not specifically author ized in writing by the
Contracting Officer.

ARTICLE 16. CONDITIONS AFFECTING THE WORK

A. GENERAL —The Contractor shall be responsible for having taken steps reasonably
necessary to ascertain the nature and location of the work, and the general and local conditions
which can affect the work and the cost thereof. Any failure by the Contractor to do so will not
relieve him from responsibility for successfully pe rforming the work as specified without additional
expense to the Government. The Government assumes no responsibility for any understanding or
representation concerning conditions made by any of its officers or agents prior to the execution of
the Contract, unless such understanding or represen tation by the Government is expressly stated
in the Contract.

B. WORK AND STORAGE SPACE —Available work and storage space designated by the
Government shall be developed as required by the Contract or restored at completion of the
project by the Contractor to a condition equivalent to that existing prior to construction. No payment
will be made for furnishing or rest oration of any work and storage space. If no area is designated
or the area designated is not sufficient for the Co ntractor’s operations, he shall obtain necessary
space elsewhere at no expense or liability to the Government.

C. WORK ON SUNDAYS, LEGAL HOLIDAYS AND AT NIGHT —No work shall be done at any time
on Sundays or legal holidays or on any other day be fore 7 a.m. or after 7 p.m., except with the
written permission of the Contracting Officer and pursuant to the requirements of the Police
Requirements of the Government.

D. EXISTING FEATURES —Subsurface and topographic informati on including borings data, utilities
data and other physical data contained in the Cont ract or otherwise available, are not intended as
representations or warranties but are furnish ed as available information. The Government
assumes no expense or liability for the accuracy of, or interpretations made from, existing features.
The Contractor shall be responsible for reasonabl e consideration of existing features above and
below ground which may affect the project.

E. UTILITIES AND VAULTS —The Contractor shall take necessar y measures to prevent interruption
of service or damage to existing utilities within or adjacent to the project. It shall be the Contractor’s
responsibility to determine exact locations of all utilities in the field.

For any underground utility or v ault encountered, the Contractor shall immediately notify the
Contracting Officer and take necessary measures to protect the utility or vault and maintain the
service until relocation by owner is accomplished. No additional payment will be made for the
encountering of these obstructions.

In case of damage to utilities by the Contractor, ei ther above or below ground, the Contractor shall
restore such utilities to a condit ion equivalent to that which existed prior to the damage by
repairing, rebuilding or otherwise restoring as may be directed, at the Cont ractor’s sole expense.
Standard Contract Provisions - Page 17 of 24

Damaged utilities shall be repaired by the Contractor or, when directed by the Contracting Officer,
the utility owner will make needed repairs at the Contractor’s expense.

No compensation, other than authorized time ex tensions, will be allowed the Contractor for
protective measures, work interruptions, changes in construction sequence, changes in methods of
handling excavation and drainage or changes in types of equipment used, made necessary by
existing utilities, imprecise utility or vault inform ation or by others perf orming work within or
adjacent to the project.

F. SITE MAINTENANCE —The Contractor shall maintain the project site in a neat and presentable
manner throughout the course of all operations, and shall be responsible for such maintenance
until final acceptance by the Government. Tras h containers shall be furnished, maintained and
emptied by the Contractor to t he satisfaction of the Contracting Officer. Excavated earthwork,
stripped forms and all other materials and debris not scheduled for reuse in the project shall be
promptly removed from the site.

The Contracting Officer may order t he Contractor to clean up the proj ect site at any stage of work
at no added expense to the Government If the Cont ractor fails to comply with this order, the
Contracting Officer may require the work to be d one by others and the costs will be charged to the
Contractor.

Upon completion of all work and prior to final in spection, the Contractor shall clean up and remove
from the project area and adjacent areas all exce ss materials, equipment, temporary structures,
and refuse, and restore said areas to an acceptable condition.

G. PRIVATE WORK —Except as specifically authorized by th e Contracting Officer, the Contractor
shall not perform any private work abutting Governm ent projects with any labor, materials, tools,
equipment, supplies or supervision scheduled for the Contract until all work under the Contract has
been completed. Contract materials used for any unauthorized purpose shall be subtracted from
Contract amount.

H. GOVERNMENT NOISE CONTROL ACT OF 1977 —The contractor shall be in strict compliance
with [D.C. Law 2-53, Government of Columbia Noise Control Act of 1977 and all provisions thereof.
Effective March 16, 1978. 24 D.C.Register 5293.] (Or relevant local law)

ARTICLE 17. OTHER CONTRACTS —The Government may undertake or award other contracts for
additional work and the Contractor shall fully coope rate with such other contractors and Government
employees and carefully coordinate his own work with such additional work as may be directed by the
Contracting Officer. It is the duty of the Contractor to coordinate its activities with all third parties,
including, but not limited to utilities, who may affect the Contract work hereun der. The Contractor shall
not commit or permit any act which will interfere with the performance of work by any other contractor or
by Government employees. The Government assumes no liability, other than authorized time extensions,
for Contract delays and damages resu lting from delays and lack of prog ress by others. The Contractor
shall make no claim against the Government for dela y or damages resulting from the actions of third
parties, including, but limited to utilities.

ARTICLE 18. PATENT INDEMNITY —Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employees against liability, including costs and expenses,
for infringement upon any Letters Patent of the Un ited States (except Letters Patent issued upon an
application which is now or may hereafter be, for r easons of national security, ordered by the Federal
Government to be kept classified or otherwise withheld from issue) arising out of the performance of the
Contract or out of the use or disposal, by or for t he account of the Government, of supplies furnished or
construction work performed hereunder.

ARTICLE 19. ADDITIONAL BOND SECURITY —If any surety upon any bond furnished in connection
with the Contract becomes unacceptable to the Governmen t, or if any such surety fails to furnish reports
Standard Contract Provisions - Page 18 of 24

as to his financial condition from time to time as requested by the Government, the Contractor shall
promptly furnish such additional security as may be requi red from time to time to protect the interests of
the Government and of persons supplying labor or materi als in the prosecution of the work contemplated
by the Contract. Provided that upon the failure of the Contractor to furnish such additional security within
ten (10) days after written notice so to do, all pay ments under the Contract will be withheld until such
additional security is furnished.

ARTICLE 20. COVENANT AGAINST CONTINGENT FEES —The Contractor warrants that no person or
selling agency has been employed or retained to solicit or secure the Contract upon an agreement or
understanding for a commission, percentage, br okerage or contingent f ee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violati on of this warranty, the Government shall have the
right to terminate the Contract without liability or in its discretion to deduct fr om the Contract price or
consideration, or otherwise recover, the full amou nt of such commission, percentage, brokerage or
contingent fee.

ARTICLE 21. APPOINTMENT OF ATTORNEY —The Contractor does hereby irrevocably designate and
appoint the Clerk of the Superior Court of the Governm ent and his successors in office as the true and
lawful attorney of the Contractor for the purpose of receiving service of all not ices and processes issued
by any court in the Government, as well as service of all pleadings and other papers, in relation to any
action or legal proceeding arising out of or pertaining to the Contract or the work required or performed
hereunder.

The Contractor expressly agrees that the validity of any service upon t he said Clerk as herein authorized
shall not be affected either by the fact that the Contra ctor was personally within the District of Columbia
and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact
that the Contractor failed to receiv e a copy of such process, notice, pleading or other paper so served
upon the said Clerk, provided that sa id Clerk shall have deposited in t he United States mail, certified and
postage prepaid, a copy of such process, notice, ple ading or other papers addressed to the Contractor at
the address stated in the Contract.

ARTICLE 22. GRATUITIES AND GOVERNMENT EMPLOYEES NOT TO BENEFIT

A. If it is found by the Department that gratuities (in the form of entertainment, gifts, payment, offers
of employment or otherwise) were offered or given by the Contractor, or any agent or
representative of the Contractor, to any official, employee or agent of the District with a view
toward securing the Contract or any other contract or securing favorable treatment with respect to
the awarding or amending, or the making of any determinations with respect to the performance
of the Contract, the Department may, by written notice to the Contractor, terminate the right of the
Contractor to proceed under the Contract wit hout liability and may pursue such other rights and
remedies provided by law and under the Contract.

B. In the event the Contract is terminated as provided above, the Department shall be entitled:

1. to pursue the same remedies against the Cont ractor as it could pursue in the event of a
breach of the Contract by the Contractor; and

2. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary
damages in an amount (as determined by the Department) which shall be not less than ten
times the costs incurred by the Contractor in pr oviding any such gratuities to any such officer
or employee.

C. Unless a determination is made as provided herein, no officer or employee of the Government will
be admitted to any share or part of this contract or to any benefit that may arise therefrom, and
any contract made by the Contracting Officer or any Government employee authorized to execute
contracts in which they or an em ployee of the Government will be personally interested shall be
Standard Contract Provisions - Page 19 of 24

void, and no payment shall be made thereon by the Government or any officer thereof, but this
provision shall not be construed to extend to this contract if made with a corporation for its
general benefit. A Government employee shall not be a party to a contract with the Government
and will not knowingly cause or allow a busines s concern or other organization owned or
substantially owned or controlled by the employ ee to be a party to such a contract, unless a
written determination has been made by the hea d of the procuring agency that there is a
compelling reason for contracting with the em ployee, such as when the Government’s needs
cannot reasonably otherwise be met. [DC Procur ement Practices Act of l985, D.C. Law 6-85,
D.C. Official Code, section 2-310.01, and Chapt er 18 of the DC Personnel Regulations] (Or
relevant local law). The Contractor represents and covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contractor further covenants not to employ any
person having such known interests in the performance of the contract.

ARTICLE 23. WAIVER —No Governmental waiver of any breach of any provision of the Contract shall
operate as a waiver of such provisi on or of the Contract or as a waiv er of subsequent or other breaches
of the same or any other provision of the Contract; nor shall any action or non-action by the Contracting
Officer or by the Government be construed as a waiver of any provision of the C ontract or of any breach
thereof unless the same has been expressly declared or recognized as a waiver by the Contracting
Officer or the Government in writing.

ARTICLE 24. BUY AMERICAN.

The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. § 10a), including, but
not limited to, the purchase of steel.

A. AGREEMENT— In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order
10582. December 17, 1954 (3 CFR, 1954-58 Co mp., p. 230), as amended by Executive Order
11051, September 27,1962 (3 CFR, l059—63 Comp ., p. 635), the Contractor agrees that only
domestic construction material will be used by the Contractor, subcontractors, material men and
suppliers in the performance of the Contract, except for non-domestic material listed in the
Contract.

B. DOMESTIC CONSTRUCTION MATERIAL —”Construction material” means any article, material
or supply brought to the construction site for incorporation in the building or work. An
unmanufactured construction material is a “domestic construction material” if it has been mined or
produced in the United States. A manufactured c onstruction material is a “domestic construction
material” if it has been manufactured in the United States and if the cost of its components which
have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. “Component” means any article, material, or supply directly incorporated in
a construction material. -

C. DOMESTIC COMPONENT —A component shall be considered to have been “mined, produced,
or manufactured in the United States” regardless of it s 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 avail able commercial quantities and of a satisfactory
quality.

D. FOREIGN MATERIAL – When steel materials are used in a project a minimal use of foreign steel
is permitted. The cost of such materials c annot exceed on-tenth of one percent of the total
project cost, or $2,500,000, whichever is greater.

ARTICLE 25. TAXES

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A. FEDERAL EXCISE —Materials, supplies and equipment are not subject to the Federal
Manufacturer’s Excise Tax, if they are furnished or used in connection with the Contract provided
that title to such materials, supplies and equi pment passes to the Government under the
Contract. The Contractor shall in such cases fu rnish his subcontractors and suppliers with a
purchaser’s certificate in the form prescribed by the U.S. Internal Revenue Service.

B. SALES AND USE TAXES —Materials which are physically incorporated as a permanent part of
real property are not subject to Government Sa les and Use Tax. The Contractor shall, when
purchasing such materials, furnish his suppliers wi th a Contractor’s Exempt Purchase Certificate
in the form prescribed in the Sales and Use Tax Regulations of the Government. Where the
Contractor, subcontractor or material man has already paid the Sales and Use Tax on material,
as prescribed above, the Sales and Use Tax Regulations of the Government permit the
Contractor, subcontractor or material man to deduct the sales or use tax on the purchase price of
the same on his next monthly return as an adjustment. However, the Contractor, subcontractor or
material man must satisfy the Chief Financial Officer for the Government that no sum in
reimbursement of such tax was included in the Contract or else that the Government has
received a credit under the Contract in an amount equal to such tax.

Government Sales and Use Tax shall be paid on any material and supplies, including equipment
rentals, which do not become a physical part of the finished project. [See Government of
Columbia Sales and Use Tax Administration Ruling No. 6] (Or relevant local law).

The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
provisions of [D.C. Law 9-260] (Or relevant local law), as amended, codified in [D.C. Code46-103]
(Or relevant local law), Employer Contributions, prior to award.

The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
applicable tax filing and licensing requirements set forth in [D.C. Code, Title 47, Taxation and
Fiscal Affairs] (Or relevant local law), prior to contract award.

ARTICLE 26. SUSPENSION OF WORK —The Contracting Officer may orde r the Contractor in writing to
suspend, delay or interrupt all or any part of the work for such period of time as he may determine to be
appropriate for the convenience of the Government.

If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed or interrupted by an act of the Contracting Officer in the administration of the Contract, or by his
failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time),
an adjustment will be made for an increase in the cost of performance of the Cont ract (excluding profit)
necessarily caused by such unreasonable suspension, delay or inte rruption and the Contract modified in
writing accordingly. However, no adjustment will be m ade under this Article for any suspension, delay or
interruption to the extent:

1. That performance would have been so suspe nded, delayed or interrupted by any other
cause, including the fault or negligence of the contractor, or

2. For which an equitable adjustment is provi ded or excluded under any other provision of
the Contract.

No claim under this Article shall be allowed:

1. For any costs incurred more than 20 days before the Contractor shall have notified the
Contracting Officer in writing of the act or failure to act involved (but this requirement shall
no apply as to a claim resulting from a suspension order), and

Standard Contract Provisions - Page 21 of 24

2. Unless the claim, in an amount stated, is asse rted in writing as soon as practicable after
the termination of such suspension, delay, or interruption, but not later than the date of
final payment under the Contract.

ARTICLE 27. SAFETY PROGRAM

A. GENERAL —In order to provide safety controls for the protection of the life and health of
Government and Contract employees and the gen eral public; prevention of damage to property,
materials, supplies, and equipment; and for avoidance of work interruptions in the performance of
the Contract, the Contractor shall comply with all applicable Federal and local laws governing
safety, health and sanitation including the Safety Standards, Rules and Regulations issued by the
American National Standards, U. S. Department of Labor, U. S. Department of Health and
Human Services, [D.C. Minimum Wage and Industrial Safety Board] (Or relevant local law) and
the latest edition of “Manual of Uniform Traffic Control Devices” issued by the Federal Highway
Administration.

The Contractor shall also take or cause to be taken such additional safety measures as the
Contracting Officer may determine to be reasonably necessary.

The Contractor shall designate one person to be responsible for carrying out the Contractor’s
obligation under this Article.

The Contractor shall maintain an accurate record of all accidents resulting in death, injury,
occupational disease, and/or damag e to property, materials, supplies, and equipment incident to
work performed under the Contract. Copies of thes e reports shall be furnished to the Contracting
Officer within two working days after occurrence.

The Contracting Officer will notif y the Contractor of any noncompliance with the foregoing
provisions and the action to be taken. The Cont ractor shall, after receipt of such notice,
immediately take corrective action. Such notic e, when delivered to the Contractor or his
representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor
fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part
of the work until satisfactory co rrective action has been taken. No par t of the time lost due to any
such stop orders shall be made the subject of clai m for extension of time or for excess costs or
damages by the Contractor.

This Article is applicable to all subcontractors used under the Contract and compliance with these
provisions by the subcontractors will be the responsibility of the Contractor.

(In Contracts involving work of short duration or of non-hazardous character, the following Section
B. will be deleted by Special Provision)

B. CONTRACTOR’S PROGRAM SUBMISSION —Prior to commencement of the work, the
Contractor shall:

1. Submit in writing to the Contracting Officer fo r his approval his program for complying with
this Article for accident prevention.

2. Meet with the Contracting Offi cer’s Safety Representative a fter submission of the above
program to develop a mutual understanding relative to the administration of the overall safety
program.

ARTICLE 28. RETENTION OF RECORDS—Unless otherwise provided in the Contract, or by applicable
statute, the Contractor, from the effective date of Contract completion and for a period of three years after
final settlement under the Contract, shall preserve and make available to the Government at all
Standard Contract Provisions - Page 22 of 24

reasonable times at the office of the Contractor but without direct charge to the Government, all his
books, records, documents, and other evidence bearing on the costs and expenses of the Contractor
under the Contract.

ARTICLE 29. RECOVERY OF DEBTS OWED THE GOVERNMENT---The Contractor hereby agrees
that the Government may use all or any portion of any payment, consideration or refund due the
Contractor under the Contract to satisfy, in whole or part, any debt due the Government.

ARTICLE 30. ADMINISTRATIVE LIQUIDATED DAMAGES---In addition to any other liquidated
damages provided for in the Contract, the Contractor hereby agrees that the Government may assess
administrative liquidated damages for the Contractor’s failure to submit when due any deliverable
required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the
administrative liquidated damages shall be $250 per day until the required deliverable is received and
accepted by the Government. The Government’s remedies for failure to comply with the Contract terms
and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the
Government’s ability to terminate the Contractor for the failure to submit Contract deliverables when due.

ARTICLE 31. ANTI-COMPETITIVE PRACTICES AND ANTI-KICKBACK PROVISIONS.

A. The Contractor recognizes the need for markets to operate competitively and shall observe and
shall comply with all applicable law, rules, and regulations prohibiting anti-competitive practices.
The Contractor shall not engage, directly or indirectly, in collusion or other anti-competitive
practices that reduces or eliminates competition or restrains trade. The Department shall report
to the appropriate authority any activity that evidences a violation of the antitrust laws, and take
such other further action to which it is entitled or obligated under the law.

B. The Contractor shall observe and comply with all applicable law, rules, and regulations prohibiting
kickbacks and, without limiting the foregoing, Contractor shall not (i) provide or attempt to provide
or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii)
include, directly or indirectly, the amount of any kickback in the contract price charged by
Contractor or a Subcontractor of the Construction Manager to the Department. The Contractor
shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in this subparagraph in its own operations and direct business relationships.
The Department may take any recourse available to it under the law for violations of this anti-
kickback provision.

C. The Contractor represents and warrants that it did not, directly or indirectly, engage in any
collusive or other anti-competitive behavior in connection with the bid, negotiation or award of the
Contract. Further, the Contractor represents and warrants that it will not either directly or
indirectly, engage in any collusive or other anti-competitive behavior in connection with the
performance and administration of the Contract. In the event the Department determines that
there has been a violation of these provisions, it may terminate the contract without liability.

ARTICLE 32. NON-DISCRIMINATION IN EMPLOYMENT PROVISIONS.

A. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap. The affirmative action shall include, but
not be limited to, the following:

1. Employment, upgrading, or transfer;

2. Recruitment or recruitment advertising;

3. Demotion, layoff, or termination;
Standard Contract Provisions - Page 23 of 24

4. Rates of pay, or other forms of compensation; and
5. Selection for training and apprenticeship.

B. Unless otherwise permitted by law and directed by the Department, the Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.

C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in this Section.

D. The Contractor agrees to send to each labor union or representative of workers with which it has
a collective bargaining agreement, or other contract or understanding, a notice to be provided by
the Department, advising each labor union or workers' representative of the Contractor's
commitments under this Section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.

E. The Contractor agrees to permit access by the Department to all books, records and accounts
pertaining to its employment practices for purposes of investigation to ascertain compliance with
this Section, and shall post copies of the notices in conspicuous places available to employees
and applicants for employment.

F. The Contractor shall include in every subcontract the equal opportunity clauses of this Section so
that such provisions shall be binding upon each Subcontractor or vendor.

G. The Contractor shall take such action with respect to any Subcontractor as the Contracting
Officer may direct as a means of enforcing these provisions, including sanctions for non-
compliance.

ARTICLE 33. ETHICAL STANDARDS FOR DEPARTMENT’S EMPLOYEES AND FORMER
EMPLOYEES---The Department expects the Contractor to observe the highest ethical standards and to
comply with all applicable law, rules, and regulations governing ethical conduct or conflicts of interest.
Neither the Contractor, nor any person associated with the Contractor, shall provide (or seek
reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any employee of
the District or the Department not in conformity with applicable law, rules or regulations. The Contractor
shall not engage the services of any person or persons in the employment of the Department or the
District for any Work required, contemplated or performed under the Contract. The Contractor may not
assign to any former Department or District employee or agent who has joined the Contractor's firm any
matter on which the former employee, while in the employ of the Department, had material or substantial
involvement in the matter. The Contractor may request a waiver to permit the assignment of such matters
to former Department personnel on a case-by-case basis. The Contractor shall include in every
subcontract a provision substantially similar to this section so that such provisions shall be binding upon
each Subcontractor or vendor.

ARTICLE 34. CONSTRUCTION. The Contract shall be construed fairly as to all parties and not in favor
of or against any party, regardless of which party prepared the Contract.

ARTICLE 35. SURVIVAL. All agreements warranties, and representations of the Contractor contained
in the Contract or in any certificate or document furnished pursuant to the Contract shall survive
termination or expiration of the Contract.

ARTICLE 36. REMEDIES CUMULATIVE. Unless specifically provided to the contrary in the Contract,
all remedies set forth in the Contract are cumulative and not exclusive of any other remedy the
Government may have, including, without limitation, at law or in equity. The Government’s rights and
Standard Contract Provisions - Page 24 of 24

remedies will be exercised at its sole discretion, and shall not be regarded as conferring any obligation on
the Government’s to exercise those rights or remedies for the benefit of the Contractor or any other
person or entity.

ARTICLE 37. ENTIRE AGREEMENT; MODIFICATION. The Contract supersedes all contemporaneous
or prior negotiations, representations, course of dealing, or agreements, either written or oral. No
modifications to the Contract shall be effective against the Department unless made in writing signed by
both the Department and the Contractor, unless otherwise expressly provided to the contrary in the
Contract. Nothing herein shall be construed to limit the Department’s right to issue unilateral modifications
to the contract.

ARTICLE 38. SEVERABILITY. In the event any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Contract, and in lieu of each such
invalid, illegal or unenforceable provision, there shall be added automatically as a part of this Contract a
provision as similar in terms to such invalid, illegal or unenforceable provision as may be possible and be
valid, legal and enforceable; each part of this Contract is intended to be severable.

ARTICLE 39. FORCE MAJEURE---If the Contractor, because of Force Majeure, is rendered wholly or
partly unable to perform its obligations when due under this Contract, the Contractor may be excused
from whatever performance is affected by the Force Majeure to the extent so affected. In order to be
excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours
of the occurrence or event, the Contractor must provide the Contracting Officer written notice of its
inability to perform as well as a description of the force majeure and its effect on Contract performance.
The Contracting Officer will have the right to cause the inspection of the work site to determine the validity
of the Contractor’s assertion of its inability to perform. If the Contracting Officer agrees that the
Contractor is wholly or partly unable to perform its obligations under the Contract a decision will be issued
indicating the extent to which the Contractor is excused from its performance obligations. In no event will
the Contractor be entitled to money damages from the Government due to force majeure.

Exhibit J2
DC DGS Standard Contract Provisions Architectural/Engineering Contracts

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District of Columbia Department of General Services
Released October 2018
Standard Contract Provisions
General Provisions
(Architectural & Engineering Services Contract)
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ARTICLE 1. DEFINITIONS A. “Architect-Engineer” means the individual, individuals, and or firm identified as the “Architect- Engineer” in the preamble of Contract executed by and between the District and the Architect-Engineer for the Project. B. “Change Order” means a document signed by the District and the Architect-Engineer to authorize an addition, deletion or revision in the services, the Architect-Engineer’s cost of, or the time required for, the performance of any part of the services under the Contract, issued on or after the Effective Date of the Contract. C. “Contract” means the written contract for professional services between the District and the Architect-Engineer, including all exhibits, Standard Contract Provisions, and any duly executed amendments. D. “Contracting Officer” means the District official authorized to execute and administrate the Contract on behalf of the District. Within DGS, the Director is the Chief Contracting Officer. The Director may make delegations of procurement authority to additional contracting officers within DGS. E. “District” means the District of Columbia, Department of General Services, (the “Department” or “DGS”), a party to the Contract. F. “Project” means the District’s project identified in the Contract, of which Architect-Engineer's services under the Contract as a party. G. “Scope of Services” means any and all work done in any and all phases of the Project, pursuant to and as set forth by the Department in the Contract. H. “Day or Days” All references to day or days in these Standard Contract Provisions will be counted based on calendar days not business days. ARTICLE 2. GENERAL A. The Contracting Officer shall have authority to take any action provided for herein on behalf of the District, including approval, certifications, vouchers, acceptance and changes within the Scope of Services. B. The Architect-Engineer’s period of performance shall commence on the effective date as agreed and as specified in the Scope of Services or in each task order issued by the Contracting Officer and ends on the date all required services are satisfactorily completed in accordance with the terms of the Contract and Project close-out documents and all deliverables are delivered to the District. C. All services shall be prosecuted under the direction of a principal officer or responsible representative of the Architect-Engineer, approved by the Contracting Officer. The design of architectural, civil, structural, mechanical, plumbing, electrical, or other engineering features of the Project shall be accomplished in accordance with the terms of the Contract and reviewed and certified in accordance with applicable District of Columbia regulations by architects or engineers registered to practice in the District of Columbia in the particular professional field involved. D. The Architect-Engineer shall furnish sufficient technical, supervisory and administrative personnel
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to ensure the efficient prosecution of the services in accordance with the approved Project Schedule. E. The Architect-Engineer agrees that duly authorized representatives of the District shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications or other technical or non-technical data, including but not limited to payroll of company personnel, pertaining to the services performed under the Contract. F. The standard of care. The Architect-Engineer, its consultants and subcontractors shall perform the services consistent with the professional skill and care ordinarily provided by members of the same profession currently practicing under similar or same circumstances in the same or similar locality of the Project. The standard of care shall not be altered by the application, interpretation, or construction of this or any other provision of these Standard Contract Provisions or the Contract. ARTICLE 3. PROGRESS SCHEDULES AND REPORTS A. Generally. In addition to the requirements set forth in the Scope of Services and the requirements set forth elsewhere in the Contract, the Architect-Engineer shall furnish progress reports monthly, biweekly and with each payment request, describing accomplishments, decisions and overall progress made during the period covered by the report and including the most recent Project Schedule and as set forth in more detail in this Article 3. B. Monthly Reports. The Architect-Engineer shall provide written reports to the District, at a minimum on a monthly basis on the progress of the Project, including, but not limited to, a baseline schedule and schedule updates with narrative demonstrating the critical path of the services in Primavera format in the latest available version or as designated by the Contracting Officer. The monthly written reports shall also include, at a minimum, the services accomplished, problems encountered, cost updates, an economic inclusion report, cash flow updates, quality assurance reports and other similar relevant data as the District may reasonably require. C. Biweekly Updates. The Architect-Engineer shall also provide written update reports to the District on a biweekly basis, which shall reflect actual conditions of Project progress as of the date of the update. The update shall reflect the actual progress of designs or construction, as the case may be, identify developing delays, regardless of their cause, and reflect the Architect-Engineer'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 Architect-Engineer shall identify the causes of any potential delay and state what, in the Architect-Engineer’s judgment, must be done to avoid or reduce that delay. The Architect-Engineer shall point out, in its narrative, changes that have occurred since the last update, including those related to major changes in the Scope of Services, activities modified since the last update, revised projections of durations, progress and completion, revisions to the schedule logic or assumptions, and other relevant changes. Any significant variance from the previous schedule or update shall also be identified in a narrative, together with the reasons for the variance and its impact on Project completion. All schedule updates shall be in the latest version of Primavera format and reasonably acceptable to the District. The District may make reasonable requests during the Project for changes to the format or for further explanation of 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. The District’s receipt of, and lack of objection to, any schedule update showing Substantial Completion or Final Completion later than
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the dates agreed upon shall not be regarded as the District’s agreement that the Architect-Engineer may have an extension of time, or as a waiver of any of the District’s rights, but merely as the Architect-Engineer’s representation that, in the Architect-Engineer's best projection, Substantial Completion or Final Completion of the Project may not be completed by the agreed upon date. Changes to the scheduled completion dates may be made only in the circumstances and only by the methods set forth in the Contract. D. Condition Precedent to Payment. All payments to Architect-Engineer are contingent upon satisfactory performance of the terms and conditions set forth in the Contract as determined by the Contracting Officer. Requisitions for payment shall be accompanied by a Project Progress Report which shall include the information set forth in this Article 3 and a statement indicating the percentage of completion of all required services for the Project. ARTICLE 4. RESPONSIBILITY OF THE ARCHITECT-ENGINEER A. Quality. The Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawing, specifications, and other services furnished. The Architect-Engineer shall, without additional compensation correct or revise any errors or deficiencies in its designs, drawings, specification and other services. B. Scope of Services. The Architect-Engineer shall accomplish the design services required pursuant to the Scope of Services or under each task order. The services, as set forth in the Contract, shall include but are not limited to the services required to enable the District to award the related construction contract pursuant to standard District procedures, for the construction of the facilities designed at a price that does not exceed the estimated construction contract price set forth in the Contract. 1. If bids or proposals are not solicited within 180 days following the District’s acceptance of the services to be provided under the Scope of Services or task order, the Architect-Engineer shall, prepare an estimate of constructing the design submitted and such estimate will be used in lieu of bids or proposals to determine compliance with the funding limitation. 2. If the bids or proposals for the construction contract received exceed such estimated price, the Architect-Engineer shall perform such redesign and other services as are necessary to permit contract award within such funding limitation. Such redesign services shall be performed at no increase in the price of the Contract. However, the Architect-Engineer shall not be required to perform such additional services at no cost to the District if the unfavorable bids or proposals are the results of unforeseeable causes beyond the control and without the fault and negligence of the Architect-Engineer. C. Designing to Budget. The Architect-Engineer shall promptly advise the Contracting Officer if the Architect-Engineer finds that the Project design will exceed or is likely to exceed the funding limitations and the Architect-Engineer is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Architect- Engineer’s revised estimate of construction cost. The Contracting Officer may, if he determines that the estimated construction contract price set forth in the Scope of Services or task order is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in the scope, quality or type of materials, or both, as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth elsewhere in the Contract or he may adjust such estimated construction contract price.
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D. Project Management and Inspection Entity. In the event the Contract requires the Architect- Engineer to provide construction period services, the Architect-Engineer shall also, at intervals of no less than once per week or as set forth in the Scope of Services, be responsible for: 1. Visits to Site and Observation of Construction. An Architect-Engineer representative who is knowledgeable of the Project and competent in each discipline that has trade activities and stages of construction being performed shall visit the site at the agreed-to intervals to observe as an experienced and qualified design professional the progress and quality of the various aspects of the contractor’s work. Based on information obtained during such visits and on such observations, the Architect-Engineer shall endeavor to determine whether such work is proceeding in accordance with the Contract Documents and shall keep the District informed of the general progress of the work in relation to the overall schedule. The Architect-Engineer shall document the site visit in writing and shall submit his findings in accordance with the report requirements set forth in Article 3 herein. 2. Inspections of Work in Progress by the Architect-Engineer. During his periodic visits to the site to observe the work in progress, the Architect-Engineer shall, as a minimum, spot check the work installed and in progress to determine compliance with the requirements of the Contract Documents and the codes and installation/workmanship standards listed therein. Defective and noncompliant work observed during such visits shall be noted in the Architect-Engineer’s reports and pointed out to the Contracting Officer and Program Manager. The Architect-Engineer shall identify for the Project Manager any specific checks or inspections to be made. The results of these inspections shall be made a part of the Project’s daily log and reports. The Architect-Engineer shall document the inspection in writing. 3. Supplemental Inspections and Tests. For work not in compliance with the Contract Documents, the Architect-Engineer shall, with the District’s approval, require additional or supplemental inspection or testing. The Architect-Engineer shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents and shall determine whether, in its opinion as an Architect-Engineer, their content complies with the requirements of each. The Architect-Engineer shall also determine whether the results certified indicate compliance with the Contract Documents. The Architect-Engineer shall document the inspection in writing. 4. Defective Work. During its site visits and based on its observation during such visits, the Architect-Engineer may disapprove the contractor’s work, or any portion thereof, while the work is in progress if Architect-Engineer believes that such work does not conform to the Contract Documents or the approved shop drawings or other submittals. The Architect-Engineer may also recommend that the District reject any work that the Architect-Engineer believes will not result in a completed Project that conforms generally to the Contract Documents or that it believes will prejudice the integrity of the design as reflected in the Contract Documents. The Architect-Engineer shall document the defective work in writing. E. Code and Regulatory Compliance. The Architect-Engineer is responsible for designing the project and administering the construction phase of the Project in accordance with applicable District of Columbia Codes and other regulatory requirements applicable to the Project. Nothing contained herein shall be construed as relieving the Architect-Engineer, any other professional design consultant, or any contractor, supplier or other participant from any professional or legal responsibility for performance. Reviews, comments and approvals by the Department of General Services and its divisions, or any employee or official of the District, in no way absolve any other person, firm or corporation involved in
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the Project from their full responsibilities under the applicable laws, codes and professional practice as required in projects for the District of Columbia. Lack of comment by a District of Columbia reviewer does not relieve the Architect-Engineer from designing to meet the applicable code or Architect-Engineer Manual requirements or applicable regulations related to water, sewer, fire department service, and other utilities. 1. Additional Costs. If the correction of a code or regulatory violation results in a Change Order during construction, any additional costs incurred shall be borne by the party responsible for the violation. The District shall bear only the costs attributable to the actual code or regulation-required enhancement of the Project. 2. Code Interpretation. If the Architect-Engineer believes that a code or a regulation is unclear as to meaning, the Architect-Engineer shall request a written opinion as to the applicable interpretation from the applicable regulatory agency, as appropriate. The Architect-Engineer shall be entitled to rely on the written opinion, if any, received from such agency. F. As-Built Drawings. At completion of the Project, the Architect-Engineer shall prepare a full set of record drawings showing the "as-built" condition of the Project and including the locations of all utilities based on his own records and upon information supplied by the Construction Manager, Contractor or Design-Builder, as applicable, on which the Architect-Engineer may rely. These drawings will consist of the original working drawings and the original of supplemental drawings and details modified to show the "as built" conditions both in paper, tracings, and electronic media. "As-built" drawings shall be turned over to the District as a condition precedent to Substantial Completion; final payment of the Architect-Engineer's fees shall not be due until the building is accepted by the District, the final Application for Payment is made, in acceptable form, to and accepted by the District, and record drawings and "as-built" drawings in the form of paper, tracings, and electronic media in the form of Compact Discs in latest version of AutoCAD. The District reserves the right to occupy the building, or portions thereof, prior to final acceptance. G. No Waiver. Neither the District’s review, approval or acceptance of, nor payment for, any of the services required under the Contract shall be construed to operate as a waiver or any rights under the Contract or of any cause of action arising out of the performance of the Contract, and the Architect-Engineer shall be and remain liable to the District in accordance with applicable law for all damages to the District caused by the Architect-Engineer’s negligent or intentionally wrongful act, omission or default while performing any of the services under the Contract. H. Remedies Inclusive. The rights and remedies of the District and the Architect-Engineer provided for under the Contract are in addition to any other rights and remedies provided by law. ARTICLE 5. PAYMENTS A. Invoices. The Architect-Engineer shall submit an invoice to the District, along with District- required documentation. The invoice shall generally itemize the various phases or parts of the Total Contract Amount, the value of the various phases or parts, the previously invoiced and approved amounts for payment, and the amount of the current invoice. The invoice shall also include a certification statement signed by the Architect-Engineer stating that the Architect- Engineer has paid its consultants, subcontractors and suppliers their individual proportional share of all previous payments, including interest if applicable, received from the District in accordance with the terms of the Architect-Engineer’s subcontract with such persons or companies and these Standard Contract Provisions. Invoices for reimbursables shall include documentation of costs for which reimbursement is sought. Invoices for Architect-Engineer Services being performed on an
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hourly rate basis shall show the technical classifications, names of the persons performing the Architect-Engineer services, man hours expended, marked up hourly rates for the classification, and the extended cost amount. B. Invoice Disputes. Unless there is a dispute about the compensation due the Architect-Engineer, including, but not limited to, claims by the District against the Architect-Engineer, then within thirty (30) days after receipt by the District of the Architect-Engineer's acceptable invoice, which shall be considered the invoice receipt date, the District shall pay to the Architect-Engineer the amount approved less any retainage and less any prior payments or advances made to Architect-Engineer. The date on which payment is due shall be referred to as the “payment date.” C. Frequency. Invoices prepared the Architect-Engineer relating to the amount and value of work and services performed by the Architect-Engineer under the Contract shall be made periodically (not more often than monthly) and sent to the District for payment, accompanied by such documentation and supporting data as may be required by the Contracting Officer. D. Retainage. Upon approval of such invoice amounts by the Contracting Officer and presentation of proper documentation by the Architect-Engineer, payment of the invoice amount as determined above less agreed upon retainage and all previous payments shall be made in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. Unless otherwise provided for in the Contract, the retained payment percentage shall be 5%, provided, however, that if the Contracting Officer determines that the work is Substantially Complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the District, he may in his discretion release to the Architect-Engineer such excess amount. E. Final Payment. Upon the satisfactory completion of the Architect-Engineer’s services and formal notification of its final acceptance by the Contracting Officer, the Architect-Engineer shall be paid the unpaid balance of any money due hereunder, including retained percentages. Prior to such final payment under the Contract or prior to settlement upon termination of the Contract and as a condition precedent thereto, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the District arising under or by virtue of the Contract other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein. F. Document Ownership. All drawings, designs, specifications and other Architect-Engineer deliverables first produced solely for the District in the performance of the Contract, or in contemplation thereof, and all as-built drawings produced after completion of the work shall be and remain the sole property of the District and may be used on any other work without additional cost to the District. With respect thereto, the Architect-Engineer agrees not to assert any rights or to establish any claim under the design patent or copyright laws and not to publish or reproduce such matter in whole or in part or in any manner or form or authorize others so to do without the written consent of the District, until such time as the District may have released such matter to the public. Further, with respect to any architectural design which the District desires to protect by applying for and prosecuting a design patent application or otherwise, the Architect-Engineer agrees to furnish the Contracting Officer such duly executed instruments and other papers (prepared by the District) as are deemed necessary to vest in the District the rights granted it under this clause. The Architect-Engineer agrees to furnish and provide access to the originals or copies of all such materials on the request of the Contracting Officer for a period of three (3) years after completion for the project.
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G. Corrections of Work Post-Payment. Notwithstanding the acceptance and approval by the District of any services performed or provided by the Architect-Engineer, the Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all services furnished by the Architect-Engineer under the Contract. The Architect-Engineer shall, without additional compensation, correct or revise any errors or deficiencies or omissions in the Architect-Engineer’s services. H. Payment Not Waiver. The District’s review, approval or acceptance of, or payment for, any of the Materials and Services required under the Contract shall not constitute any representation, warranty or guaranty by the District as to the substance or quality of the matter reviewed, approved or accepted and shall not be construed to operate as a waiver or estoppel of any of the District's rights or privileges under the Contract or of any cause of action arising out of the performance of the Contract. No person or firm shall rely in any way on such review, approval or acceptance by the District. The Architect-Engineer shall be and remain liable in accordance with Applicable Law for all damages to the District caused by the Architect-Engineer. Review, approval or acceptance by the District or the Contracting Officer under the Contract shall not constitute approval otherwise required by any of the District departments, boards, commissions, or other regulatory agencies in the exercise of their independent regulatory authority. I. Errors and Omissions. Without limiting the Architect-Engineer’s responsibility set forth above, such responsibility, by way of illustration shall include the following: If any error or omission in the Construction Documents submitted by the Architect-Engineer requires a change in the Scope of Services or any portion thereof, the Architect-Engineer shall promptly complete such change at no additional cost to the District. J. Compensation Disputes. Disputes regarding the compensation due the Architect-Engineer may include, but are not limited to, the amount due, the value or percentage of the Architect- Engineer Services completed, defects or deficiencies in the Architect-Engineer Services, quality of the Architect-Engineer Services, compliance with the Contract Documents, completion itself, or negligent performance of professional services on the part of the Architect-Engineer. In the event of disputes, payment shall be mailed on or before the Payment Date for amounts and Architect-Engineer Services not in dispute, subject to any setoffs claimed by the District. K. Adjustments. All prior payments, whether based on estimates or otherwise, may be corrected and adjusted in any payment and shall be corrected and adjusted in the final payment. In the event that any invoice by the Architect-Engineer contains a defect or impropriety which would prevent payment by the Payment Date, the District shall notify the Architect-Engineer in writing of such defect or impropriety within ten (10) days after the invoice receipt date. Any disputed amounts determined by the District to be payable to the Architect-Engineer shall be due thirty (30) days from the date the dispute is resolved. Interest shall be paid by the District in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. L. Payments to Subcontractors. The Architect-Engineer shall make a payment to each of its Consultants and Subcontractors, not later than seven (7) calendar days after receipt of amounts paid to the Architect-Engineer by the District, in an amount equal to the proportionate share of the total payment, including any interest, received from the District attributable to the Architect-Engineer Services performed by Consultants and Subcontractors less a retainage of not more than five percent (5%) if provided for in the applicable subcontract, said retainage being the same money, not additional money, retained by the District from the payment to the Architect-Engineer.
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ARTICLE 6. CHANGES A. Generally. The Contracting Officer may at any time by written order make changes within the general scope of the Contract to the Scope of Services to be performed under each task order. If such changes cause an increase or decrease in the Architect-Engineer’s cost of or time required for performance of any service under the Contract, or both, upon approval of the Contracting Officer, an equitable adjustment shall be made and the Contract shall be modified in writing by the Contracting Officer accordingly. Any claim of the Architect-Engineer for adjustment under this clause must be made in writing to the Contracting Officer within ten (10) days from the date of receipt by the Architect-Engineer of the notification of change unless the Contracting Officer grants a further period of time before the date of final payment under this Contract. If the Architect-Engineer requests changes to the Scope of Services, the Architect-Engineer must demonstrate to the satisfaction of the District that the changes are necessary and not due to the acts or omissions of the Architect-Engineer. Generally, the time of performance of the Contract and/or any task order may be extended for the administrative convenience of the District or for other purposes whenever the Contracting Officer determines such action will not be a cause for additional fee or other related cost. B. Additional Compensation. Compensation to the Architect-Engineer beyond the monetary limits set forth in the Contract shall only be made if and when a Change Order to the Contract is duly executed by the Parties. Nothing herein shall limit the District’s ability to make changes to the Contract unilaterally. C. Designated Change Orders. The Contracting Officer may, at any time, by written order designated or indicated to be a change order, make any changes in the work within the general scope of the Contract, including but not limited to changes: 1. In the Contract drawings and specifications; 2. In the method or manner of performance of the services; 3. In the District furnished facilities, equipment, materials or services; or 4. Directing acceleration in the performance of the services. Nothing provided in this Article shall excuse the Architect-Engineer from proceeding with the prosecution of the services so changed. D. Other Change Orders. Any other written order or an oral order (which term as used in this Section shall include direction, instruction, interpretation, or determination) from the Contracting Officer which causes any such change, shall be treated as a Change Order under this Article, provided that the Architect-Engineer gives the Contracting Officer written notice stating the date, circumstances and sources of the order and that the Architect-Engineer regards the order as a Change Order. E. General Requirements. Except as herein provided, no order, statement or conduct of the Contracting Officer shall be treated as a change under this Article or entitle the Architect- Engineer to an equitable adjustment hereunder. If any change under this Article causes an increase or decrease in the Architect-Engineer’s cost of, or the time required for, the performance of any part of the services under the Contract whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under (B) above shall
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be allowed for any cost incurred more than thirty (30) days before the Architect-Engineer gives written notice as therein required unless this thirty (30) day period is extended by the Contracting Officer and provided further, that in case of defective drawings and specifications, the equitable adjustment shall include any increased cost reasonably incurred by the Architect- Engineer in attempting to comply with such defective drawings and specifications. 1. If the Architect-Engineer intends to assert a claim for an equitable adjustment under this Article, the Architect-Engineer must, within thirty (30) days after receipt of a written Change Order under (A) above or the furnishing of a written notice under (D) above, submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Contracting Officer. The statement of claim hereunder may be included in the notice under (D) above. 2. With respect to the notification obligations of the Architect-Engineer hereunder, time is of the essence. A failure to provide timely notice constitutes waiver of the claim. No claim by the Architect-Engineer for an equitable adjustment hereunder shall be allowed if asserted after final payment under the Contract. F. Change Order Breakdown. Contract prices shall be used for Change Order work where the services, as changed, are of similar nature; no other costs, overhead or profit will be allowed. 1. Where Contract prices are not appropriate and the nature of the change is known in advance of construction, the parties shall attempt to agree on a fully justifiable adjustment of the Architect-Engineer’s compensation and time for performance. 2. When Contract prices are not appropriate, or the parties fail to agree on equitable adjustment, or in processing claims, equitable adjustment for Change Order work shall be per this Article and Article 7 and shall be based upon the breakdown shown in following subsections a) through g). The Architect-Engineer shall assemble a complete cost breakdown that lists and substantiates each item of work and each item of cost. 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 by the District. Indirect costs shall be itemized and verified by receipted invoices. If verification is not possible, up to 18 percent of direct labor costs may be allowed. In addition, up to 20 percent of direct plus indirect labor costs may be allowed for overhead and profit. b) Rented Equipment—Payment for required equipment rented from a third party company that is neither an affiliate of, nor a subsidiary of, the Architect-Engineer will be based on receipted invoices, which shall not exceed rates given in the current edition of the Rental Rate Blue Book for Construction Equipment published by Data Quest. If actual rental rates exceed manual rates, written justification shall be furnished to the Contracting Officer for consideration. No additional allowance will be made for overhead and profit. The Architect-Engineer shall submit written certification to the Contracting Officer that any required rented equipment is neither owned by nor rented from the Architect-Engineer or an affiliate of or subsidiary of the Architect- Engineer. c) Architect-Engineer’s Equipment—Payment for required equipment owned by the Architect-Engineer or an affiliate of the Architect-Engineer will be based solely on an hourly rate
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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 District will be based on one-half the derived hourly rate under this subsection. d) Miscellaneous—No additional allowance will be made for general superintendence, use of small tools and other costs for which no specific allowance is herein provided. e) Subcontract Work—Payment for additional necessary subcontract work will be based on applicable procedures in a) through f), to which total additional subcontract work, up to an additional 10 percent, may be allowed for the Architect-Engineer’s overhead and profit. G. Significant Changes in Character of Services. 1. The Contracting Officer reserves the right to make, in writing, at any time during the performance of services, such changes in quantities and such alterations in the services as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract, and the Architect-Engineer agrees to perform the services as altered. 2. If the alterations or changes in quantities significantly change the character of the services under the Contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the services. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Architect-Engineer in such amount as the Contracting Officer may determine to be fair and reasonable. 3. If the alterations or changes in quantities significantly change the character of the services to be performed under the Contract, the altered services will be paid for as provided elsewhere in the Contract. 4. The term “significant change” shall be construed to apply only to the following circumstances: a. When the character of the services as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When an item of work is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in the case of a decrease below 75 percent, to the actual amount of services performed. 5. If the parties fall to agree upon the adjustment to be made, the dispute shall be processed as provided in Article 10 hereof entitled “Disputes”. Nothing provided in this section shall excuse the Architect-Engineer from proceeding with the prosecution of services so changed. ARTICLE 7. EQUITABLE ADJUSTMENT OF CONTRACT TERMS The Architect-Engineer is entitled to an equitable adjustment of the contract terms whenever the following situations develop: A. Differing Site Conditions. 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical
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conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Architect-Engineer, upon discovering such conditions, shall promptly notify the Contracting Officer in writing of the specific differing conditions before they are disturbed and before the affected work is performed. 2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, or both, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Contracting Officer will notify the Architect-Engineer of his/her determination whether or not an adjustment of the Contract is warranted. 3. No contract adjustment which results in a benefit to the Architect-Engineer will be allowed unless the Architect-Engineer has provided the required written notice; a failure to notify the Contracting Officer of the changed conditions prior to work being disturbed by said conditions shall constitute a permanent waiver of all right to compensation related to the changed conditions by the Architect-Engineer. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. B. Suspension of Work Ordered by Contracting Officer. 1. If the performance of all or any portion of the work is suspended or delayed by the Contracting Officer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the nature of the services) and the Architect-Engineer believes that additional compensation or contract time, or both, is due as a result of such suspension or delay, the Architect-Engineer shall submit to the Contracting Officer in writing a request for equitable adjustment within ten (10) days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the Contracting Officer will evaluate the Architect-Engineer’s request. If the Contracting Officer agrees that the cost or time required for the performance of the Contract, or both, has increased as a result of such suspension and the suspension was caused by conditions beyond the control or and not the fault of the Architect-Engineer or its consultants or subcontractors at any approved tier, and not caused by weather, the Contracting Officer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting Officer will notify the Architect-Engineer of his/her determination whether or not an adjustment of the Contract is warranted. 3. No contract adjustment will be allowed unless the Architect-Engineer has submitted the request for adjustment within the time prescribed; a failure to submit a request for adjustment in the time prescribed shall constitute waiver of all right to compensation related to the suspension of work by the Architect-Engineer. ARTICLE 8. TERMINATION A. Termination for Default. Termination, whether for default or convenience is not a Government claim. The Contracting Officer may terminate the Contract, or any task order issued thereunder by the Contracting Officer, for default, in whole or in part, if the termination is in the best interests of the Government, and the Architect-Engineer does any of the following: 1. Fails to complete the Services within the time specified in the Contract or any modification (including task orders); 2. Fails to make sufficient progress on contract performance so as to endanger performance
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of the Contract (including any task order) within the time specified or in the manner specified in the Contract; 3. Fails or refuses to go forward with the services in accordance with the direction of the Contracting Officer; 4. Expresses through word or conduct an intention not to complete the services in accordance with the directions of the Contracting Officer; 5. Fails to perform any of the other provisions of the Contract (or any task order); 6. Materially deviates from the representations and capabilities set forth in the Architect- Engineer’s response to the solicitation. B. Final Decision of Contracting Officer. A termination for default is a final decision of the Contracting Officer. In order to contest a termination for default, the Architect-Engineer must submit a certified request to convert the termination for default to a termination for convenience with all documents supporting such conversion and comply with all Contract provisions and laws relating to terminations for convenience, including the submission of a certified termination for convenience settlement proposal. The submission of the certified request for conversion to a termination for convenience and certified termination settlement proposal to the Contracting Officer must occur prior to ninety (90) days from the date of the Contracting Officer’s final decision. C. Delays. If the Architect-Engineer refuses or fails to prosecute the services, or any separable part thereof, with such diligence as will provide for its completion within the time specified in the Contract, or any extension thereof, or fails to complete said services within the specified time, the District may, by written notice to the Architect-Engineer, terminate its right to proceed with the services or such part of the services involving the delay. In such event, the District may take over the services and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the services such materials as may have been paid for by the District. Whether or not the Architect- Engineer’s right to proceed with the services are terminated, the Architect-Engineer shall be liable for any liability to the District resulting from the Architect-Engineer’s refusal or failure to complete the services within the specified time. 1. If fixed and agreed liquidated damages are provided in the Contract and if the District does not so terminate the Architect-Engineer’s right to proceed, the resulting damage will consist of such liquidated damages until the services are completed and accepted. 2. The Architect-Engineer’s right to proceed shall not be so terminated nor the Architect- Engineer charged with resulting damage if: a) The delay in the completion the services arises from unforeseeable causes beyond the control and without the fault or negligence of the Architect-Engineer, including but not restricted to acts of God, acts of the public enemy, acts of the District in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the District, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, climatic conditions beyond the normal which could be anticipated, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Architect-Engineer and such consultants or subcontractors at any tier; and b) The Architect-Engineer, within 72 hours from the beginning of any such delay, (unless the
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Contracting Officer grants a further period of time before the date of final payment under the Contract) notifies the Contracting Officer in writing of the causes of delay. 3. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the services when, in his/her judgment, the findings of fact justify such an extension, and his/her findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein. 4. If, after notice of termination of the Architect-Engineer’s right to proceed under the provisions of this Article, it is determined for any reason that the Architect-Engineer was not in default under the provisions of this Article, or that the delay was excusable under the provisions of this Article, the rights and obligations of the parties shall be in accordance with Article 6 herein. Failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of Article 7 herein. 5. The rights and remedies of the District provided in this Article are in addition to any other rights and remedies provided by law or under the Contract. 6. The District may, by written notice, terminate the Contract or a portion thereof as a result of an Executive Order of the President of the United States with respect to the prosecution of war or in the interest of national defense. When the Contract is so terminated, no claim for loss of anticipated profits will be permitted. D. Opportunity to Cure. Notwithstanding the foregoing sections A and C, the Contract will not terminate as a result of the failure to perform if the Architect-Engineer begins, immediately upon receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure with no more than ten (10) days of receipt thereof. The Contracting Officer in its sole discretion, but is not obligated to, may extend the period to cure if the Department finds a legitimate reason for the extension. E. Termination for Convenience of the District Government 1. The performance of services under the Contract, or any task order issued thereunder by the Contracting Officer, may be terminated by the District in accordance with this Article, in whole or in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Architect-Engineer of a Notice of Termination specifying the extent to which performance of services under the Contract (or task order) is terminated, and the date upon which such termination becomes effective. 2. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Architect-Engineer shall: a) Stop work under the Contract (or task order) on the date and to the extent specified in the Notice of Termination. b) Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the services under the Contract (or task order) as is not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the services terminated by the Notice of Termination.
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d) Assign to the District, in the manner, at the times, and to the extent directed by the
Contracting Officer, all of the right, title and interest of the Architect-Engineer under the
orders and subcontracts so terminated, in which case the District shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
e) Settle all outstanding liabilities and all claims arising out of such termination of orders or
subcontracts, with the approval or ratification of the Contracting Officer to the extent he/she
may require, which approval or ratification shall be final for all purposes of this Article.
f) Transfer title to the District and deliver in the manner, at the times, and to the extent, if any,
directed by the Contracting Officer completed, or partially completed plans, drawings,
information and other property which, if the Contract (or task order) had been completed,
would have been required to be furnished to the District.
g) Complete performance of such part of the services as shall not have been terminated by
the Notice of Termination.
h) Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract that is in the possession
of the Architect-Engineer and in which the District has or may acquire an interest.
i) The Architect-Engineer shall proceed immediately with the performance of the above
obligations notwithstanding any delay in determining or adjusting the cost, or any item of
reimbursable cost, under this Article.
3. After receipt of a Notice of Termination, the Architect-Engineer shall submit to the Contracting
Officer its termination claim, in the form with the certification prescribed by the Contracting Officer.
Such claim shall be submitted promptly but in no event later than ninety (90) days from the
effective date of termination, unless one or more extensions in writing are granted by the
Contracting Officer upon request of the Architect-Engineer made in writing within such ninety
(90)-day period or authorized extension thereof. In the event the Architect- Engineer was
terminated for default and it asserts that it is entitled to a termination for convenience, its
certified request for the conversion of the default termination to one for convenience and its
certified termination settlement proposal must be submitted to the Contracting Officer prior to
the expiration of ninety ( 90) days from the date of the default termination. With respect to a
termination for convenience, if the Contracting Officer determines that the facts justify such action,
he/she may receive and act upon any such termination claim at any time after such ninety
(90)-day period or extension thereof. Nothing herein shall be construed to extend the time for
the submission of a claim hereunder for a defaulted Architect-Engineer beyond ninety (90) days
from the date of the default termination. Upon failure of the Architect- Engineer to submit his
termination claim within the time allowed, the Contracting Officer may, subject to any review
required by the District’s procedures in effect as of the date of execution of the Contract,
determine, on the basis of information available to him/her, the amount, if any, due to the
Architect-Engineer by reason of the termination and shall thereupon pay to the Architect-Engineer
the amount so determined.
4. Subject to the provisions of Section 3 above, and subject to any review required by the
District’s procedures in effect as of the date of execution of the Contract, the Architect-
Engineer and Contracting Officer may agree upon the whole or any part of the amount or
amounts to be paid to the Architect-Engineer by reason of the total or partial termination of
services pursuant to this Article, which amount or amounts may include a reasonable allowance
for profit on services completed ; provided, that such agreed amount or amounts, exclusive of
settlement costs, shall not exceed the total Contract price as reduced by the amount of
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payments otherwise made and as further reduced by the Contract price of any services not terminated. The Contract shall be amended accordingly, and the Architect-Engineer shall be paid the agreed amount. Nothing in Section 5 below prescribing the amount to be paid to the Architect-Engineer in the event of failure of the Architect-Engineer and the Contracting Officer to agree upon the whole amount to be paid to the Architect-Engineer by reason of the termination of services pursuant to this Article, shall be deemed to limit, restrict or otherwise determine or effect the amount or amounts which may be agreed upon to be paid to the Architect-Engineer pursuant to this paragraph. 5. In the event of the failure of the Architect-Engineer and the Contracting Officer to agree as provided in Section 4 above upon the whole amount to be paid to the Architect-Engineer by reason of the termination of services pursuant to this Article, the Contracting Officer shall, subject to any review required by the District’s procedures in effect as of the date of execution of the Contract, determine, on the basis of information available to him/her, the amount, if any, due the Architect-Engineer by reason of the termination and shall pay to the Architect-Engineer the amounts determined by the Contracting Officer, as follows, but without duplication of any amounts agreed upon in accordance with Section 4 above: a) With respect to all Contract work performed prior to the effective date of the Notice of Termination, the total (without duplication of any items) of: i) The cost of such services; ii) The cost of settling and paying claims arising out of the termination of services under subcontracts or orders as provided in Section 2(e) above, exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the subcontractor prior to the effective date of the Notice of Termination of work under the Contract, which amounts shall be included in the cost on account of which payment is made under on Section 5(a)(i) above; and iii) A sum, as profit on Section 5(a)(i) above, determined by the Contracting Officer to be fair and reasonable; provided however, that if it appears that the Architect- Engineer would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this subparagraph and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and provided further that profit shall be allowed only on preparations made and services performed by the Architect-Engineer for the terminated portion of the Contract (or task order) but may not be allowed on the Architect-Engineer’s settlement expenses. Anticipatory profits and consequential damages shall not be allowed. Any reasonable method may be used to arrive at a fair profit, separately or as part of the whole settlement. b) The reasonable cost of the preservation and protection of property incurred pursuant to Section 2(i); and any other reasonable cost incidental to termination of services under the Contract including expense incidental to the determination of amount due to the Architect-Engineer as the result of the termination of work under the Contract. 6. The total sum to be paid to the Architect-Engineer under Section 5(a) above shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of services not terminated. Except for normal spoilage, and except to the extent that the District shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Architect-Engineer under Section 5(a) above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the District 7. The Architect-Engineer shall have the right of appeal, under Article 9 herein, from any determination made by the Contracting Officer under Sections 3 or 5, above, except that, if
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the Architect-Engineer has failed to submit its claim within the time provided in Section 3 above and has failed to request extension of such time, the Architect-Engineer shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under Sections 3 or 5, above, the District shall pay to the Architect-Engineer the following: a) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer, or b) If an appeal had been taken, the amount finally determined on such appeal. 8. In arriving at the amount due the Architect-Engineer under this Article there shall be deducted: a) all unliquidated advance or other payments on account theretofore made to the Architect-Engineer, applicable to the terminated portion of the Contract (or task order); b) any claim which the District may have against the Architect-Engineer in connection with the Contract; and c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Architect-Engineer or sold, pursuant to the provisions of this Article and not otherwise recovered by or credited to the District. 9. If the termination hereunder be partial, prior to the settlement of the terminated portion of the Contract (or task order), the Architect-Engineer may file with the Contracting Officer a request in writing for an equitable adjustment of the price or prices specified in the Contract relating to the continued portion of the Contract (the portion not terminated by the Notice of Termination), and such equitable adjustment as may be agreed upon shall be made at such price or prices; however, nothing contained herein shall limit the right of the District and the Architect-Engineer to agree upon the amount or amounts to be paid to the Architect-Engineer for the completion of the continued portion of the Contract when said Contract does not contain an established Contract price for such continued portion. 10. The District may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Architect-Engineer in connection with the terminated portion of the Contract (or task order) whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Architect-Engineer will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this Article, such excess shall be payable by the Architect-Engineer to the District upon demand, together with interest in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. 11. Unless otherwise provided in the Contract or by applicable statute, the Architect-Engineer, from the effective date of termination and for a period of three (3) years after final settlement under the Contract, shall preserve and make available to the District at all reasonable times at the office of the Architect-Engineer, but without direct charge to the District, all its books, records, documents and other evidence bearing on the costs and expenses of the Architect-Engineer under the Contract and relating to the services terminated hereunder, or, to the extent approved by the Contracting Officer, photographs and other authentic reproductions thereof. 12. By virtue of a Termination for Convenience, the Architect-Engineer shall not become entitled to payment for defective services, deficient services, rejected services, or services not in accordance with the plans or specifications set forth in the Contract. ARTICLE 9. DISPUTES
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A. Generally. All disputes arising under or relating to the Contract shall be resolved as provided herein. B. Claims by the Architect-Engineer against the District. 1. Claim, as used in this Section B of Article 9, means a written assertion by the Architect- Engineer seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the Contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. a) All claims by the Architect-Engineer against the District arising under or relating to the Contract shall be in writing and shall be submitted to the Contracting Officer for a decision. b) Within 120 days after receipt of a claim, the Contracting Officer shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the Architect-Engineer. c) Any failure by the Contracting Officer to issue a decision on a Contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim as otherwise provided. i) If the Architect-Engineer is unable to support any part of its claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the Architect-Engineer, the Architect-Engineer shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the Architect-Engineer’s claim. ii) Liability under this section shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud. d) All cost data, pricing data, and task data of claims hereunder must be certified as accurate, complete, required, and necessary to the best of the Architect-Engineer’s knowledge and belief. Further, all task or work data in the claim must be described therein to the smallest unit of work or task. The Contracting Officer may require any additional certifications, descriptions or explanations of the claim. e) The parties agree that time is of the essence and all claims hereunder must be presented to the Contracting Officer for a final decision within thirty (30) days of the occurrence of the circumstances giving rise to such claim or within thirty (30) days of when the Architect-Engineer knew or should have known of the circumstances giving rise to such claim, otherwise compensation for that claim is waived. f) The parties agree that there shall be no claims for unabsorbed home office overhead. 2. The Architect-Engineer’s claim shall contain at least the following: a) A description of the claim and the amount in dispute;
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b) Any data or other information in support of the claim; c) A brief description of the Architect-Engineer’s efforts to resolve the dispute prior to filing the claim; and d) The Architect-Engineer’s request for relief or other action by the Contracting Officer. e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim. 3. The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the Architect- Engineer. 4. Pending final decision of an appeal, action, or final settlement, the Architect-Engineer shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer. C. Claims by the District Against the Architect-Engineer. 1. Claim as used in this Section C of Article 9, means a written demand or written assertion by the District, including the Contracting Officer, seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to the Contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be construed to require the District to notify the Architect-Engineer prior to the issuance of the Contracting Officer’s final decision. 2. a) All claims by the District against the Architect-Engineer arising under or relating to a contract shall be decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision to the Architect-Engineer. b) The decision shall be supported by reasons and shall inform the Architect-Engineer of its rights. Specific findings of fact shall not be required. 3. This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust any claim involving fraud. 4. The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the Architect- Engineer. 5. Pending final decision of an appeal, action, or final settlement, the Architect-Engineer shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer. 6. The Contracting Officer may enter into a voluntary exclusion agreement with the Architect- Engineer in order to settle any claim or dispute between the parties. ARTICLE 10. RETENTION AND EXAMINATION OF RECORDS
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Unless otherwise provided in the Contract, or by applicable statute, the Architect-Engineer, from the effective date of Contract completion and for a period of three (3) years after final settlement under the Contract, shall preserve and make available to the District at all reasonable times at the office of the Architect-Engineer but without direct charge to the District, all its books, records, documents, and other evidence bearing on the costs and expenses of the Architect-Engineer under the Contract. ARTICLE 11. COVENANT AGAINST CONTINGENT FEES The Architect-Engineer warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Architect-Engineer for the purpose of securing business. For breach or violation of this warranty, the District shall have the right to terminate the Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 12. OFFICIALS NOT TO BENEFIT A. District Employees Not To Benefit. Unless a determination is made as provided herein, no officer or employee of the District will be admitted to any share or part of the Contract or to any benefit that may arise therefrom, and any contract made by the Contracting Officer or any District employee authorized to execute contracts in which they or an employee of the District will be personally interested shall be void, and no payment shall be made thereon by the District or any officer thereof, but this provision shall not be construed to extend to the Contract if made with a corporation for its general benefit. A District employee shall not be a party to a contract with the District and will not knowingly cause or allow a business concern or other organization owned or substantially owned or controlled by the employee to be a party to such a contract, unless a written determination has been made by the head of the procuring agency that there is a compelling reason for contracting with the employee, such as when the District’s needs cannot reasonably otherwise be met in accordance with DC Procurement Practices Act of l985, D.C. Law 6-85, D.C. Official Code, section 2-310.01, and Chapter 18 of the DC Personnel Regulations. The Architect-Engineer represents and covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Architect-Engineer further covenants not to employ any person having such known interests in the performance of the Contract. B. Anti-Competitive Practices and Anti-Kickback Provisions. 1. The Architect-Engineer recognizes the need for markets to operate competitively and shall observe and shall comply with all applicable law, rules, and regulations prohibiting anti- competitive practices. The Architect-Engineer shall not engage, directly or indirectly, in collusion or other anti-competitive practices that reduces or eliminates competition or restrains trade. The District shall report to the appropriate authority any activity that evidences a violation of the antitrust laws, and take such other further action to which it is entitled or obligated under the law. 2. The Architect-Engineer shall observe and comply with all applicable law, rules, and regulations prohibiting kickbacks and, without limiting the foregoing, Architect-Engineer shall not (i) provide or attempt to provide or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii) include, directly or indirectly, the amount of any
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kickback in the contract price charged by Architect-Engineer or a Subcontractor of the Architect-Engineer to the District. The Architect-Engineer shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in this subparagraph in its own operations and direct business relationships. The District may take any recourse available to it under the law for violations of this anti-kickback provision. ARTICLE 13. CONFLICT OF INTEREST AND ETHICS A. Former Employees Generally. Pursuant to Public Law 95-521, as amended, no former employee of the United States District or the District of Columbia: 1. Shall knowingly represent the Architect-Engineer before any District agency through personal appearance or communication in connection with a matter involving specific parties to the Contract where the former District employee participated personally and substantially in this matter while employed with the District. 2. Shall within two (2) years after terminating District employment knowingly represent the Architect-Engineer before any District agency through personal appearance or communication in connection with a matter involving specific parties to the Contract were the matter was pending under the official responsibility of the former employee within one (1) year prior to termination of District service. B. Former Senior Employees. Pursuant to Public Law 95-591, as amended, no former senior level officer or former senior level employee of the United States District or the District of Columbia District named in or designated by the Contracting Officer of the Office of District Ethics under Section 207(d) of Title 18 USC: 1. Shall, within two (2) years after terminating District employment knowingly represent or aid counsel, advise, consult or assist in representing any other person by personal presence at any formal or informal appearance before any District agency in connection with a matter involving specific parties where the former employee participated personally aid substantially in that matter while employed with the District. 2. Shall, within one (1) year after terminating District employment knowingly act as an agent or attorney for or otherwise represent anyone in any formal or informal appearance before or with the intent to influence make any written or oral communication on behalf of anyone to his or her former District or agency or any of its officers or employees or (2) in connection with any particular District matter, whether or not involving a specific party which is pending before such District or agency or in which it has a direct and substantial interest. C. Conflict of Interest. The Architect-Engineer represents and warrants that neither it nor any of its directors, officers, members, partners or employees, has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Architect-Engineer represents and warrants that, in the performance of the Contract, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the District, nor any person whose salary is payable, in whole or in part, from the District Treasury, shall participate in any decision relating to the Contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested; nor shall any such person have any interest, direct or indirect, in the Contract or in the proceeds
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thereof. D. No Kick-Backs. The Architect-Engineer shall not offer or receive any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with the Contract. The Architect-Engineer shall not confer on any public employee having official responsibility for the Contract any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value. E. No Contractor Employment. No official or employee of the District of Columbia whose duties as such official or employee include matters relating to or affecting the subject matter of the Contract shall, during the pendency and term of the Contract and/while serving as an official or employee of the District of Columbia, become or be an employee of the Architect-Engineer or any entity that is a subcontractor on the Contract. ARTICLE 14. DISMISSALS AND REPLACEMENT OF KEY PERSONNEL A. Dismissals by the District. Should the continued employment of any person or persons in the Architect-Engineer’s organization under the Contract be deemed by the Contracting Officer to be prejudicial to the interests of the District, such person or persona shall be immediately removed from the work hereunder. The Architect-Engineer shall make every effort in the selection of its employees and in the prosecution of the work under the Contract to safeguard all drawings and specifications and to prevent the theft conversion or unauthorized use of the same. B. Replacement of Key Personnel. No substitutions for Key Personnel shall be permitted unless approved by the Contracting Officer. Any proposed replacement for Key Personnel must possess qualifications substantially similar to those of the Key Personnel being replaced and are subject to the prior written approval of the Contracting Officer. In addition, at the Contracting Officer's request at any time, the Architect-Engineer shall remove any Key Personnel or other personnel and substitute another employee of the Architect-Engineer or its subcontractors reasonably satisfactory to the Contracting Officer. The Contracting Officer may request such substitution at any time, in his/her sole discretion. C. Liquidated Damages. In order to maintain project continuity the District expects that the Architect-Engineer will assign the same project managers to all phases of the Project and that such personnel will be available to oversee and coordinate the services throughout the Project. Accordingly, the Architect-Engineer’s designated Key Personnel shall be subject to liquidated damages for their removal or reassignment by the Architect-Engineer. In each instance where the Architect-Engineer removes or reassigns one of its Key Personnel (but excluding instances where such personnel become unavailable due to death, disability, or separation from the employment of the Architect-Engineer or any affiliate of the Architect-Engineer) without the prior written consent of the Contracting Officer, the Architect-Engineer shall pay to the District an amount set forth in the Contract as liquidated damages and not a penalty, to reimburse the District for its administrative costs arising from the Architect-Engineer’s failure to provide the Key Personnel. The foregoing liquidated damage amount shall not bar recovery of any other damages, costs or expenses other than the District’s internal administrative costs. In addition, the District shall have the right, to be exercised in its sole discretion, to remove, replace or to reduce the Scope of Services of the Architect-Engineer in the event that a member of the Key Personnel has been removed or replaced by the Architect-Engineer without the consent of the District. In the event the District exercises the right to remove, replace or to reduce the Scope of Services of the Architect-Engineer, the District shall have the right to enforce the terms of the Contract and to keep-in-place those members of the Architect-Engineer’s team not removed or replaced and the remaining members
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shall complete the services required under the Contract in conjunction with the new members of the Architect-Engineer’s team approved by the District. ARTICLE 15. COMPLIANCE WITH FEDERAL AND DISTRICT OF COLUMBIA LAWS AND REGULATIONS A. Generally. The Architect-Engineer shall at all times exercise the professional skill and care required by Section 2.F of these Standard Contract Provisions in observing and complying with all laws, codes, regulations, orders and decree set forth by any department, agency or branch of the United States District, and the District of Columbia applicable to the services. B. Equal Opportunity: Non-Discrimination in Employment. During the performance of the Contract the Architect-Engineer shall comply with the provisions of Mayor’s Order 85-85 as implemented by Title 4, Chapter 11 – Equal Employment Opportunity Requirements in Contracts, 33 DCR 4952 (August 15, 1986). C. Buy American Act. 1. Agreement—In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order 10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order 11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the Architect-Engineer agrees that only domestic construction material will be used by the Architect-Engineer, subcontractors, material men and suppliers in the performance of the Contract, except for non-domestic material listed in the Contract. 2. Domestic Construction Material—”Construction material” means any article, material or supply brought to the construction site for incorporation in the building or work. An unmanufactured construction material is a “domestic construction material” if it has been mined or produced in the United States. A manufactured construction material is a “domestic construction material” if it has been manufactured in the United States and if the cost of its components which have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. “Component” means any article, material, or supply directly incorporated in a construction material. 3. Domestic Component—A component shall be considered to have been “mined, produced, or manufactured in the United States” regardless of its source, in fact, if the article, material or supply in which it is incorporated was manufactured in the United States and the component is of a class or kind determined by the District to be not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. 4. Foreign Material – When steel materials are used in a project a minimal use of foreign steel is permitted. The cost of such materials cannot exceed on-tenth of one percent of the total project cost, or $2,500,000, whichever is greater. D. Service Contract Act. The Architect-Engineer agrees that the work performed under this Contract shall be subject to the Service Contract Act (41 U.S.C. 351 et seq.). The wage rates applicable to this Project shall be attached as an exhibit to the Contract. The Architect-Engineer further agrees that it and all of its subcontractors shall comply with the regulations implementing the Service Contract Act and such regulations are hereby incorporated by reference.
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E. False Claims Act. The Architect-Engineer shall be governed by all laws and regulations prohibiting false or fraudulent statements and claims made to the government, including the prescriptions set forth in District of Columbia Code §22-2405 and §§2-381.01 et seq. ARTICLE 16. APPOINTMENT OF ATTORNEY The Architect-Engineer does hereby irrevocably designate and appoint the Clerk of the Superior Court of the District and his successors in office as the true and lawful attorney of the Architect-Engineer for the purpose of receiving service of all notices and processes issued by any court in the District, as well as service of all pleadings and other papers, in relation to any action or legal proceeding arising out of or pertaining to the Contract or the work required or performed hereunder. The Architect-Engineer expressly agrees that the validity of any service upon the said Clerk as herein authorized shall not be affected either by the fact that the Architect-Engineer was personally within the District of Columbia and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact that the Architect-Engineer failed to receive a copy of such process, notice, pleading or other paper so served upon the said Clerk, provided that said Clerk shall have deposited in the United States mail, certified and postage prepaid, a copy of such process, notice, pleading or other papers addressed to the Architect-Engineer at the address stated in the Contract. ARTICLE 17. INDEMNIFICATION A. Violation of Laws, Regulations, Specifications, and Breach of Contract. If the Architect- Engineer violates any laws, regulations, codes or industry standards relating to the Project, the Architect-Engineer shall take prompt action to correct or abate such violation and shall indemnify and hold the District of Columbia and its officials, officers, agents, and employees, the Department and its consultants, representatives, agents, servants and employees harmless against any and all claims or liability, damages, fines, penalties, third party claims, suits, awards, actions, causes of action or judgments, including but not limited to reasonable attorney's fees and costs incurred thereunder, arising from or based on the violation of any such law, code, regulation, codes or industry standards, order or decree in performance of the Contract services whether by the Architect-Engineer, an employee or agent of the Architect-Engineer, any person, firm or corporation employee engaged by the Architect-Engineer or contractually associated with the Architect-Engineer in the performance of or in connection with the Services contemplated or performed under the Contract.. If the Architect-Engineer breaches the terms of this Contract, including the solicitation, letter contract, standard contract provisions, directives, specifications, manufacturer’s specifications, and the RFP, the Architect-Engineer shall indemnify and hold the Department and its consultants, representatives, agents, servants and employees harmless against any damages, fines, penalties, claims, suits, awards, actions, causes of action or judgments, including but not limited to reasonable attorney's fees and costs incurred thereunder, that result from such breach. B. Professional Services. To the fullest extent permitted by law, the Architect-Engineer shall defend, indemnify and hold harmless the Department and the Department’s consultants and agents and employees from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys’ fees, arising out of or resulting from performance of the services, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Architect-Engineer, a consultant or subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party
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indemnified hereunder. C. Non-Professional Services. In addition, other than claims arising out of the performance of professional services, the Architect-Engineer shall defend, indemnify and hold harmless the Department, its representatives, consultants, officers, agents, servants and employees, from and against claims, liabilities, demands, losses, damages, judgments, costs, or expenses, including reasonable attorneys’ fees and expenses recoverable under applicable law, to the extent such claims are caused by acts or omissions of the Architect-Engineer, a consultant or subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder or arising out of the Contract services, provided that, such claims arise out of non-professional services required under the Contract. D. Third Party Disputes. Disputes between the Architect-Engineer and any subcontractors, material suppliers, or any other third parties over payments allegedly owed by the Architect- Engineer to a third party shall be resolved exclusively between the Architect-Engineer and the third party; the Architect-Engineer shall permit no pass-through suits to be brought against the District by a third party in the Architect-Engineer’s name. However, nothing herein shall be construed to prevent the Architect-Engineer from paying a subcontractor’s claim and seeking a timely equitable adjustment hereunder. ARTICLE 18. SUBCONTRACTORS AND/OR OUTSIDE ASSOCIATES AND CONSULTANTS A. Prior Consent Required. Except as otherwise provided in this Section 18 (A), the Architect-Engineer shall not delegate or enter into any Subcontracts for the performance of its obligations under the Contract, in whole or in part, without on each occasion obtaining the prior written consent of the Contracting Officer. Any subcontractors and/or outside associates or consultants required by the Architect-Engineer in connection with the Services covered by the Contract shall be limited to such individuals or firms as were specifically identified in the Architect-Engineer’s written proposal and approved by the District during negotiations. Any proposed changes in such subcontractors, associates, or consultants shall be subject to the prior written approval of the Contracting Officer. B. Requests. The Architect-Engineer shall submit to the Contracting Officer copies of all proposed subcontract(s) to be entered into by the Architect-Engineer, along with the Architect-Engineer’s written request for the District’s consent. All such subcontracts must specify that: 1. work performed by the subcontractor shall be in accordance with the terms of the Contract; 2. nothing contained in such subcontract shall be construed to impair the rights of the District under the Contract; 3. the District’s consent to or approval of any subcontract shall not create any obligation of the District to any subcontractor; 4. nothing contained in such subcontract, or under the Contract, shall create any obligation of the District to any subcontractor; 5. the District shall be expressly designated a third party beneficiary of the subcontract; 6. upon request by the District (at the District’s sole option) and upon receipt of written notice from the District stating that the Contract between the District and the Architect-Engineer has been
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terminated, the subcontractor agrees that it will continue to perform its obligations under the subcontract for the benefit of the District in accordance with the terms and conditions of the Contract, provided the District pays the subcontractor for the services rendered and materials provided by the subcontractor from and after the date of the termination of the Contract between the District and the Architect-Engineer at the same rate or in the same amount as set forth in the subcontract for services and materials after such date of termination; 7. the subcontractor shall be bound by the same requirements as the Architect-Engineer including confidentiality, maintenance and preservation of records, and audit by government representatives, under the Contract; and 8. the subcontractor agrees (i) to assign and transfer to the District all of its rights to sales and use tax which may be refunded as a result of a claim for refund for any materials purchased in connection with the subcontract or the Contract, (ii) that, other than as directed by the District, it will not file a claim for refund for any sales or use tax which is the subject of this assignment; and (iii) that the District, in its own name or in the name of subcontractor, may file a claim for a refund of any sales or use tax covered by the assignment. C. No Relief of Obligations. No permitted subcontract shall relieve the Architect-Engineer of any obligation under the Contract. The Architect-Engineer shall be as fully responsible for the acts and omissions of its subcontractors or persons either directly or indirectly employed by them, as it is for the acts and omissions of the Architect-Engineer or persons directly or indirectly employed by the Architect-Engineer. D. No Effect. Any purported subcontract in violation of this Section or of any other section in the Contract shall be of no force and effect. E. Right to Reject. The District may, in its sole discretion, reject any or all bids and proposals received by the Architect-Engineer from any subcontractor for any portion of the services, and may require the Architect-Engineer to obtain new or revised bids or proposals or subcontractors. F. Incorporation by Reference. Any agreement the Architect-Engineer makes with a subcontractor, outside associate or consultant shall incorporate specifically or by reference thereto, each and every provision of the Contract, these Standard Contract Provisions, the Attachment(s) and Appendices hereto, and if applicable, the District’s Standard Contract Provisions for Construction Contracts. ARTICLE 19. WAIVER No waiver by the District or the Architect-Engineer of any breach of any provision of the Contract shall operate as a waiver of such provision or of the Contract or as a waiver of subsequent or other breaches of the same or any other provision of the Contract; nor shall any action or non-action by the Contracting Officer or by the District or the Architect-Engineer be construed as a waiver of any provision of the Contract or of any breach thereof unless the same has been expressly declared or recognized as a waiver by the Contracting Officer or the District or the Architect-Engineer, as applicable, in writing. ARTICLE 20. PATENTED AND PROPRIETARY ITEMS A. Prior Approval Required. The Architect-Engineer shall not, without the prior written approval of the Contracting Officer, specify for the Project, or necessarily imply the required use of any article, product, material, fixture or form of construction, the use of which is covered by a patent, or which
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is otherwise exclusively controlled by a particular firm or group of firms. B. Indemnity. The Architect-Engineer shall be liable to and hereby agrees to defend, indemnify and hold harmless the District against any claim, action cost or judgment against the District for patent infringement, trademark violation, copyright violation or infringement of rights in technical data, in any systems, graphs, charts, designs, drawings or specifications furnished by the Architect-Engineer in the performance of the Contract. ARTICLE 21. TRANSFER OR ASSIGNMENT OF CONTRACT A. Prior Consent Required. Unless otherwise provided by law, neither the Contract nor any interest therein may be transferred or assigned by the Architect-Engineer to any other party without the written consent of the Contracting Officer; and any attempted transfer or assignment not authorized by this Article shall constitute a breach of the Contract and the District may for such cause terminate the Contract for default and terminate the right of the Architect-Engineer to proceed in the same manner as provided in Article 8.B. herein, and the Architect-Engineer shall be liable to the District for any excess cost occasioned the District thereby. B. Monies. The Architect-Engineer shall not assign any right to any monies to be paid under the Contract, without on each occasion obtaining the prior written consent of the Contracting Officer. In no case shall approval by the District of the assignment of any monies to be paid under the Contract relieve the Architect-Engineer from its obligations hereunder or change the remaining terms of the Contract. Any purported assignment in violation of this Article shall be of no effect. C. Applicability in Case of Bankruptcy or Insolvency. A receiver or trustee in any federal or state bankruptcy, insolvency or other proceedings shall comply with the requirements set forth in the Standard Contract Provisions. D. Obligation of Architect-Engineer. The Architect-Engineer acknowledges that the Services are the obligation of the Architect-Engineer and the District shall have no obligation to accept performance by a third party without the Contracting Officer’s prior and express written consent. E. Failure to Obtain Consent. Failure to obtain the previous written consent of the Contracting Officer to such an assignment, transfer or conveyance, shall justify, at the option of the Contracting Officer, the revocation and annulment of the Contract. The District shall thereupon be relieved and discharged from any further liability and obligation to the Architect-Engineer, his assignees or transfers, and the Architect-Engineer and his assignees shall forfeit and lose all monies theretofore earned under the Contract, except so much as may be required to pay the Architect-Engineer’s employees. F. Assignment by the District. This Contract may be assigned by the District to any corporation, agency or instrumentality of the District having authority to accept such assignment. ARTICLE 22. QUALIFICATIONS A. Signatory Authority and Qualifications. The Architect-Engineer hereby warrants that the signature or signatures herein before affixed are duly authorized further the Architect-Engineer warrants as a true statement any and all statements of qualification with respect to but not limited to professional status premises, employees experience and financial standing such as may be set forth in documents furnished by the Architect-Engineer or required by the District for the purpose of securing the District’s consent to enter into the Contract. Misrepresentation shall be
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cause for termination for default of the Contract and such other action as may be appropriate including with limitation suspension and debarment and civil or criminal penalties. B. Good Standing. If the Architect-Engineer is an entity, the Architect-Engineer is either: (1) a not- for-profit corporation or other entity determined to be tax exempt pursuant to section 501(c) of the Internal Revenue Code by the Internal Revenue Service; or (2) a business corporation, partnership or other business entity duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization. The Architect-Engineer shall also be duly licensed, qualified and in good standing in the District of Columbia. The Architect-Engineer’s loss of good standing is grounds for Termination for Default without liability upon the Department. C. Authority to Act. The Architect-Engineer has full legal power and authority to enter and perform the Contract and provide the Services without resulting in a default under or a breach or violation of (1) the Architect-Engineer’s certificate or articles of incorporation or bylaws or other organizational documents, if applicable; (2) any applicable law, or any license, permit or other instrument or obligation to which the Architect-Engineer is now a party or by which the Architect-Engineer may be bound or affected; and (3) the Architect-Engineer’s tax exempt status, if applicable. D. Legal Obligation. The Contract has been duly authorized, executed and delivered by the District and the Architect-Engineer, by and through persons authorized to execute the Contract on their respective behalf, and constitutes the legal, valid and binding obligation of the District and the Architect-Engineer, enforceable against the District and the Architect-Engineer in accordance with its terms. E. No Litigation Preventing Performance. There is no litigation, claim, consent order, settlement agreement, investigation, challenge or other proceeding pending or threatened against the Architect-Engineer, its properties or business, or any individuals acting on the Architect-Engineer's behalf, including, without limitation, subcontractors, which seek to enjoin or prohibit the Architect-Engineer from entering into or performing its obligations under the Contract. F. Requisite Licensure and Qualifications. The Architect-Engineer and all of the entities and individuals acting on the Architect-Engineer’s behalf, including, without limitation, consultants and subcontractors, in connection with the Services under the Contract, possess and, at all times during the term of the Contract, shall possess all licenses, certifications, qualifications, or other credentials as required in accordance with all applicable laws, regulations and the terms of the Contract, to perform the Services. The Architect- Engineer shall provide the District with copies of all licenses, credentials, and/or certifications specified in this Section within five (5) days of request by the District. ARTICLE 23. ARCHITECT-ENGINEER’S WARRANTY AGAINST DEBARMENT The Architect-Engineer certifies that it is not currently (i) debarred, suspended or excluded, (ii) a party to a voluntary exclusion agreement, or (iii) otherwise enjoined from submitting bids or proposals on contracts for the type of services covered by the Contract, nor is the Architect-Engineer an agent of any person or entity that is currently so debarred, suspended, excluded or otherwise enjoined. ARTICLE 24. RECOVERY OF DEBTS OWED THE GOVERNMENT The Architect-Engineer hereby agrees that the Department may use all or any portion of any payment, consideration or refund due the Architect-Engineer under the Contract to satisfy, in whole or part, any debt due the District.
29
ARTICLE 25. ADMINISTRATIVE LIQUIDATED DAMAGES In addition to any other liquidated damages provided for in the Contract, the Architect-Engineer hereby agrees that the Government may assess administrative liquidated damages for the Architect-Engineer’s failure to submit when due any deliverable required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the administrative liquidated damages shall be $250 per day until the required deliverable is received and accepted by the Department. The Department’s remedies for failure to comply with the Contract terms and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the Department’s ability to terminate the Architect-Engineer for the failure to submit Contract deliverables when due. ARTICLE 26. FORCE MAJEURE If the Architect-Engineer, because of Force Majeure, is rendered wholly or partly unable to perform its obligations when due under this Contract, the Architect-Engineer may be excused from whatever performance is affected by the Force Majeure to the extent so affected. In order to be excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours of the occurrence or event, the Architect-Engineer must provide the Contracting Officer written notice of its inability to perform as well as a description of the Force Majeure and its effect on Contract performance. The Contracting Officer will have the right to cause the inspection of the work site to determine the validity of the Architect-Engineer’s assertion of its inability to perform. If the Contracting Officer agrees that the Architect-Engineer is wholly or partly unable to perform its obligations under the Contract a decision will be issued indicating the extent to which the Architect-Engineer is excused from its performance obligations. In no event will the Contractor be entitled to money damages from the Department due to Force Majeure.
Exhibit K
From Lien Waiver
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, 5TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
RELEASE OF LIEN
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Release of Liens:
The undersigned (insert Consultan t/Contractor), has been paid p a r t i a l p a y m e n t s t o t a l i n g t h e s u m o f
(insert net amounts), which is _____% of the current contract value, in accordance with the contract terms
for the above referenced project, and hereby indemnifies, waives , releases and holds the District of
Columbia harmless for the above referenced project, including a ll claims, right to liens, and stop work
notices upon said premises or the improvements thereon under th e statutes of the jurisdiction in which
the project is located.
In consideration of this payment due in the net amount of inser t net amount due, in accordance with
contract terms for the above referenced project. Hereby indemni fies, waives, and releases the District of
Columbia for the above referenced project. All claims, right to liens, stop work notices upon said premises
or the improvements thereon under the statues of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this dat e, that he/she is duly authorized to sign
and execute this Release of Liens on behalf of (insert Consulta nt/Contractor); that (insert Consultant/
Contractor) has properly performed all work in accordance with t he Contract Documents and that all
consultants, subcontractors or material men have been paid for all labor, including fringe benefits,
workers compensation, materials, equipment, services, taxes, in surance premiums, and bonds (if
required), and that any materials supplied to or incorporated i n this project were taken from fully paid or
open stock with any exceptions noted below.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________

DISTRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
Notary Public, D.C.
My commission expires: _______________________________
[NOTARIAL SEAL]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, 5TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
FINAL RELEASE OF LIENS AND CLAIMS
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Final Release of Liens and Claims:
The undersigned (insert Consultant/Contactor name), in consideration of payments received and upon
receipt of the amount of a final payment of $ __________________ hereby indemnifies, waives, releases,
and holds the District of Columbia harmless for the above referenced project, including all claims, right to
liens, terminations, and stop notices upon said premises or the improvements thereon under the statutes
of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, that he/she is duly authorized to sign
and execute this Release of Fina l Liens and Claims on behalf of (insert Consultant /Contractor; that
(insert Consultant /Contractor) has properly performed all work and furnished all materials of the specified
quality in accordance with all contract documents in an accepta ble workmanlike manner to the
Department of General Services/Construction Division, District of Columbia and that (insert Consultant
/Contractor) has paid for all la bor, including fringe benefits and workers compensation, all materials,
equipment, services, taxes, insurance premiums, and bonds (if r equired) and that any materials supplied
to or incorporated in this project have been paid.
(Insert Consultant/Contactor) is executing this Final Release of Liens and Claims for the express purpose
of inducing the District to make final disbursement and payment to (insert Consultant/Contactor name) of
$__________________.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________

DI
STRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
N
o t a r y P u b l i c , D . C .
My commission expires: _______________________________
[NOTARIAL SEAL]
Exhibit L
Form of GMP Amendment
GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD AGREEMENT
KC LEWIS SWING SPACE TO SUPPORT SEATON 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 ATMOS
SOLUTIONS, INC. (the “Design-Builder” or “Contractor”) pursuant to the Agreement, dated
______________, between the District of Columbia government, by and through the
Department and the Design -Builder, for design-build work at the Kc Lewis Swing Space to
Support Seaton Elementary School Modernization and to establish a Guaranteed Maximum
Price (“GMP”) and Contract Time for the Work as set forth below.
ARTICLE 1
GUARANTEED MAXIMUM PRICE
Section 1.1 Guaranteed Maximum Price . Subject to additions and deductions which
may be made only in accordance with the Agreement, the Design-Builder represents, warrants
and guarantees to the Department that the total maximum cost to be paid by the Department
for Design-Builder’s complete performance under the Agreement, including, but not limited
to, Final Completion of all Work, all services of Design-Builder under the Agreement, and all
fees, compensation and reimbursements to Design -Builder, shall not exceed the total amount
of [INSERT AMOUNT] Dollars ($[INSERT AMOUNT]) (" Guaranteed Maximum Price ").
Costs which would cause the GMP (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 GMP Components. The GMP is comprised of the maximum amount payable
by the Department for:
1.2.1 the Cost of the Work for full and complete performance of the Work in strict
accordance with the Contract Project Documents;
1.2.2 a Pre-Construction Fee for the Design -Builder, as defined in the Agreement,
in the amount of [INSERT AMOUNT];
1.2.3 a Design Fee for the Design -Builder, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.4 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.5 a Lump Sum General Conditions Cost, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.6 The GMP is further broken down into line items and categories on Exhibits
____ attached hereto.

Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in
accordance with the Contract Project Documents listed and attached to this Amendment and
marked Exhibits ____ through ____, as follows:
1.3.1 Exhibit ____: List of Drawings, Specifications, addenda and General,
Supplementary and other Conditions of the Agreement on which the GMP is
based.
1.3.2 Exhibit ____: A list of Unit Prices and Allowance items as well as a statement
of their basis.
1.3.3 Exhibit ____: 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 ____: 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 ____: A Construction Phase Schedule which shall include, but not be
limited to, the Substantial and Final Completion Dates, upon which the
proposed GMP is based, and a schedule of the Construction Project Documents
issuance dates upon which the Su bstantial and Final Completion Dates are
based (the “Project Schedule”).
1.3.6 Exhibit ____: An LSDBE Utilization Plan setting forth the names and estimated
dollar volume of the work that will be perform by small, local and
disadvantaged business enterprises, as certified by the Department of Small and
Local Business Development, upon which the GMP is based.
1.3.6 Exhibit ______: A First Source Agreement and Employment Plan.

1.3.8 Exhibit : Capital Non-Eligible items list.

1.3.9 Exhibit : Capital Eligibility Guideline.

Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the
Department acknowledge that the Drawings and Specifications are not complete and, as of the
date hereof, that such Drawings and Specifications have reached the level of approximately
__% complete 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 GMP to Fully Complete the Project. T he Design-Builder hereby acknowledges
that the GMP Basis Project Documents provides sufficient detail and information to provide a
firm GMP and that the GMP 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 GMP premises and assumptions and Project Schedule.
Section 1.5 Design Intent; Inferable Work. Design-Builder agrees that the GMP is
based on the current state of the design, which represents approximately [__] percent complete
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 GMP sufficient amounts to cover
aspects of the Work that are not shown on the GMP Basis Project Document s. 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 GMP for and/or
relating to the Work, without entitlement to reimbursement from the Department. Design -
Builder shall not be entitled to any fee, payment, compensation or reimbursement under this
Agreement or relating to the Work or Project other than as expr essly provided in the
Agreement.
Section 1.7 Allowances. The GMP includes specific "Unit Price Allowance Amounts" for
certain items as shown on the Schedule of Values and budgeted in the GMP(" Allowance
Items"). The only Allowance Items shall be those specifically identified as such in the Schedule
of Values and in the Guaranteed Maximum Price. The Allowance Amounts represent all Costs
of the Work of the Allowance Items, including, without limitation, costs of materials, labor,
handling, transportation, loading and unloading and installa tion, as determined by Design -
Builder.
Section 1.8 Capital Eligibility. While a total amount of $xx,xxxx is being certified for capital-
eligible items only, there is an ineligible amount of $xxx,xxxx, listed in Exhibit H 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
FYxxxx. There should be no purchases, commitments, or expendi tures for these items until
operating funds are available, via a purchase order for the same amount.
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 sha ll be $990,000.00. Shared Saving will only be contemplated once all
closeout and punchlist items are completed and a full financial log and subcontractor backup
can be provided. The financial log shall include, completed buyout lo g for all divisions and
trades, Construction Contingency log, Owner Contingency and Allowances log, and Approved
Change Order Log.

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, pro curement, 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 GMP
requirements set forth in Article 1 above. The enumeration of particular items in the
Specifications and/or Drawings shall not be construed to exclude other items. The Contract
Project Documents are complementary, and what is required by any one of the Contract Project
Documents (including either a Drawing or Specification) as being necessary to produce the
intended results shall be binding and required as a part of the Work as if required by all Contract
Project Documents.
Section 2.2 Design-Builder’s Compliance with Contract Project Documents . The
Design-Builder agrees, accepts and assumes that the Department's decision will require
implementation of the most stringent requirements among any conflicting provisions of the
Contract 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 The Design-Builder shall be responsible for dividing the Work among the
appropriate Subcontractor and Vendors. No claim will be entertained by the
Department based upon the organization or arrangement of the Specifications
and/or the Drawings into areas, sections, subsections or trade disciplines.
2.2.4 Detail drawings shall take precedence over scale drawings, and figured
dimensions on the Drawings shall govern the setting out of the Work.
2.2.5 Unless the Specifications expressly state otherwise, references to documents
and standards of professional organizations shall mean the latest editions
published prior to the Effective Date.
2.2.6 Technical words, abbreviations and acronyms in the Contract 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
GMP premises and assumptions. The Design -Builder has been, and will continue to be, an
active participant in the design process. Given such participation, the Design-Builder represents
that it is familiar with the scope and quality of those aspects of the Project that have not yet
been fully designed, and has taken such scope and quality matters into consideration i n
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 GMP may include
Work not expressly indicated on the C ontract Project Documents, but which is reasonably
inferable from the Contract Project Documents, and such Work shall be performed without any
increase in the GMP 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 -
25-CS-RFP-0001) 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:
[DESIGN-BUILDER]
By:
Name:
Its:
Date:
Exhibit M
Reserved

Exhibit N
FF&E and Close-Out
FF&E
The Design-Builder shall be responsible for FF&E as set forth in this Exhibit: [TBD at GMP
Amendment]

Exhibit O
Subcontractor Performance Evaluation Form
To be determined at GMP Amendment

Page 125 of 102

Exhibit P
Equal Employment Opportunity Policy

M E M O R A N D U M

TO: Rene Anyie/DGS

FROM: Kenneth Saunders, Director

DATE: April 11, 2025

SUBJECT: Affirmative Action Program, Atmos Solutions Inc.

CONTRACT: DCAM-25-CS-RFP-0001

We have reviewed the above-referenced contractor’s EEO Employer Information Report and
agreement to comply with the requirements of Mayor's Order 85-85, submitted by DGS on April
3, 2025. We find the forms are in conformity with the Mayor’s Order.

If your Agency has any questions, contact OHR at 202-727-4559. ALL QUESTIONS FROM
THE CONTRACTOR SHOULD BE DIRECTED TO THE APPROPRIATE AGENCY
REPRESENTATIVE, WHO MAY THEN CONTACT OHR.

DDOT/MW/DCAM-25-CS-RFP-0001

t��Atmos
�,, So I u ti on s I n c.
.,��1r·
}t:_;-
)ff/ ·,t •. B(a) Program Participant
_.,;i.,,,.,
CBE,'SBE, MBE, and LOBE Small Business
r;f}.;,
Construction I Environmental I Facility Maint enance I Compliance
NOTICE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPO RTUNITY (EEO)
REQUIREMENTS
Mayor's Order 85-85, "Compliance with Equal Opportunity Requirements in Contracts," effective
June 10, 1985 ("Mayor's Order 85-85"); the rules implementing Mayor's Order 85-85, 4 DCMR
§ 1100 et seq.; and the D.C. Human Rights Act of 1977, as amended, D.C. Code§ 2-1401 et seq.
("D.C. Human Rights Act") are hereby included as part of this bid/proposal. Therefore, each
bidder/offeror shall indicate below their written commitment to comply with Mayor's Order 85-
85, the implementing rules, and the D.C. Human Rights Act. Failure to comply with these
provisions shall result in rejection of the respective bid/proposal.
Anthony Fernando . . Atmos Solutions, Inc. I, ____________ , the authonzed representative of __________ _
(Name of Contractor/Business), hereinafter referred to as "the Contractor" certify that the
Contractor is fully aware of all of all of the provisions of Mayor's Order 85-85, the implementing
rules, and the D.C. Human Rights Act. I further certify that the Contractor shall fully comply with
Mayor's Order 85-85, the implementing rules, and the D.C. Human Rights Act for the trades,
crafts, and skills to be used during the term of the performance of the contract whether or not the
work is subcontracted if the Contractor is awarded the D.C. Government Contract referenced by
the contract number, solicitation number, and/or bid number entered below. Further, I certify that
the Contractor acknowledges and understands that the award of said contract and its continuation
are specifically conditioned upon the Contractor's compliance with Mayor's Order 85-85, the
implementing rules, and the D.C. Human Rights Act.
Anthony Fernando, President
Name of Authorized Official and Title
DCAM-25-CS-RFP-0001
Contract/Solicitation/Bid Number
I
CORPORATE
6856 Eastern Avenue NW, Ste. 205
Washington, DC 20012 I
MARYLAND
7127 Allentown Road, Ste. 207
Fort Washington, MD 20744
04/02/2025
Date
Atmos Solutions, Inc.
Name of Contractor/Business
I
VIRGINIA
2000 Duke Street, Ste. 300
Alexandria, VA 22314 I
FLORIDARevised 10.18.202410151 Deerwood Park Blvd., Bldg. 200, Ste. 250
Jacksonville, FL 32256
8(a) Program Participant
CBE, SBE, MBE, and LDBE Small Business
Construction | Environmental | Facility Maintenance | Compliance
CORPORATE
6856 Eastern Avenue NW, Ste. 205
Washington, DC 20012
MARYLAND
7127 Allentown Road, Ste. 207
Fort Washington, MD 20744
VIRGINIA
2000 Duke Street, Ste. 300
Alexandria, VA 22314
FLORIDA
10151 Deerwood Park Blvd., Bldg. 200, Ste. 250
Jacksonville, FL 32256
Revised 10.18.2024
EQUAL EMP
LOYMENT OPPORTUNITY (EEO) POLICY COMMITMENT
________________________ (Name of
Contractor/Business) shall not discriminate against any
employee or applicant for employment because of age, color, credit information, disability, family
responsibilities, gender identity and expression, genetic information, homeless status, marital
status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex,
sexual orientation, or status of a victim or family member of a victim of domestic violence, a sexual
offense, or stalking.
________________________ (Name of
Contractor/Business) agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their age, color, credit information, disability, family responsibilities, gender identity and
expression, genetic information, homeless status, marital status, matriculation, national origin,
personal appearance, political affiliation, race, religion, sex, sexual orientation, or status of a victim
or family member of a victim of domestic violence, a sexual offense, or stalking. The affirmative
action shall include, but not be limited to, the following: (1) e mployment, upgrading, or transfer;
(2) recruitment or recruitment advertising; (3) d emotion, layoff, or termination; (4) rates of pay, or
other forms of compensation; and (5) s election for training and apprenticeship.
________________________ (Name of
Contractor/Business) agrees to post in conspicuous
places, available to employees and applicants for employment, the above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (Name of
Contractor/Business) shall, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment pursuant to the above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (Name of
Contractor/Business) agrees to send to each labor union
or representative of workers with which it has a collective bargaining agreement, or other contract
or understanding, a notice that it will comply with th e above provisions concerning non-
discrimination and equal employment opportunity and the contractor’s commitments represented
herein , and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
________________________ (Name of
Contractor/Business) agrees to permit access to all books,
records, and accounts, pertaining to its employment practices, by the Director of the Office of
Human Rights and the Contracting Agency for purposes of investigati on to ascertain compliance
with the above provisions concerning non-discrimination and equal employment opportunity, and
to require under terms of any subcontractor agreement each subcontractor to permit access of the
subcontractors, books, records, and accounts for such purposes.
Atmos Solutions, Inc. (N fC 1B . ) 1 · h 11 ·d 1· ame o ontractor usmess agrees to comp y wit a gm e mes
concerning non-discrimination and equal employment opportunity applicable in the District of
Columbia.
Atmos Solutions Inc. . . . _________ ' __ (Name of Contractor/Busmess) shall mclude m every subcontract
the above provisions concerning non-discrimination and equal employment opportunity, so that
these provisions shall be binding upon each subcontractor or vendor.
Atmos Solutions Inc. . . . _________ ' __ (Name of Contractor/Busmess) shall take act10n with respect to any
subcontract as the Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the prime contractor may request the District to enter into such
litigation to protect the interest of the District.
Anthony Fernando, President
Name of Authorized Official and Title
Signature bf Authorized Official
04/02/2025
Date
Atmos Solutions, Inc.
Name of Contractor/Business
Revised 10.18.2024
EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT

GOVERNMENTOFTHEDISTRICTOFCOLUMBIA| Replyto:DCOfficeofContractingandProcurementOfficeofContractingandProcurement4414thEmployerInformationReport(EEO) Street,NW,Suite700SouthWashington,DC20001

Tnstructions:
complywithSectionDofthisreportONLY.OnecopyshalberetainedbytheContractor.“Two(2)copiesofDAS84-404orFederalFormEEO-shallbesubmittedtotheOfficeofContractingandProcurementto

SectionA~TYPEOFREPORT
T_Indicatebymarkingintheappropriateboxthetypeofreportingunitforwhichthiscopyoftheformissubmitted(MARKONLYONEBOX)
SingleEstablishmentEmployer ‘Mult-establshmentEmployer(1)8Single-establishmentEmployerReport 2) CConsolidatedReport@) HeadquartersReport
(5)D SpecialReport
(CG IndividualEstablishmentReport(submitoneforeachestablishmentwith25ormoreemployees)

2,ToilnumberofreportsbeingfledbyhisCompany.

‘SectionB=COMPANYIDENTIFICATIONOFFICIAL(Tobeansweredbyallemployes) ‘OFFICIALUSEONLY
T.NameofCompanywhichowasorcontrolstheestablishmentforwhichthisreportsfled =
mosSolutions,In‘Address(Numberandset) iyorTowa’ Country] State]ZipCode D
(6856EasternAveNWSuite205, Washington usa _|oc_|20012».EmployerIdentificationNo, is[3| als{oli|slola
2.Establishmentforwhichthisreporisfiled. (OFFICIALUSEONLY,AtmosSolutions,Ine‘NameofestablishmentAtmosSolutions,Ine. ““Address(Numberandstreet) CityorTowa’ ‘Country| State| ZipCode
66856EasternAveNWSuite205 Washington usa_| pc 20012»EmployerIdentificationNo, is[3| 1s for|sfoja
“3ParentofafiatedCompany
aNameofparentoraiiitedCompany EmployerIdentificationNo,
‘Adress(Numberandstreet) CyorTown Country Slate ZipCode
SectionC-ESTABLISHMENTINFORMATIONT. fhelocationoftheestablishmentthetameasthatreportedlat 2, Tedemajorbusinessactivityahisegabliahmentthesame| OFFICIALUSE
yer asthatreportedlastyear? ONLY
Wes ONo CDidnotreporReportoncombined ByesNo —ODidnotreportReportoncombinedlastyear basis lastyear basis
‘Whatithemajoractivityofthisestablishment?(Bespecific,e.,manufacturingsteelcasings,reallgrocer,wholesale =plumbingsupplies,tteinsurance,ec.Includethespeifictypeofproductorserviceprovided,aswellastheprincipal‘businessorindustrialactivity.)
Environmental,HealthandSafety,ConstructionManagement,LaborCompliance
YES ONO MINORITYGROUPMEMBERS:Indicateifyouareaminoritybusinessenterprise(30%ownedor31%controlledbyminoritymembers),

DASE104 ‘ReplacesDC.Form26409Sept.74whichisObsolete) BaPIT

SECTIOND-EMPLOYMENTDATAEmploymentatthisestablishment~ Reportallpermanent,temporary,orpart-timeemployeesincludingapprenticesandon-the-jobtraineesunlessspecificallyexcludedassetforthintheinstructions.Entertheappropriatefiguresonalllinesandinallcolumns.Blankspaceswillbeconsideredaszero.incolumns1,2,and3,includeALLemployeesintheestablishmentIncludingthoseinminoritygroups

JOR TOTALEMPLOYEESIN MINORITYGROUPEMPLOYEES‘CATEGORIES ESTABLISHMENT. ALE FEMALEToial| TotalMale| Tovar TEmployees| Including| Female American| ‘AmericanIncluding| Minorities| Including| Black| Asian| Indian| Hispanic| Black| Asian| Indian| HispanicMinorities Minoritieso ® ® |wlo] o o || | a ayOfficialsandManagers 5 4 1h 1 lo | OQ 0
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1.HowwasinformationastoraceoreingroupinSesionDobiained? 2Datesofpayrollperiodused)seaacorae8,OVisualSurvey ©lOtherSpecify_ 3-Payperiodoflastreportsubmitedfortisb,EmploymentRecord ‘establishment

SectionE—REMARKSUsethislemtogiveanyidentificationdataappearingonlastreportwhichdiffefomthatgivenabove,explainmajorchangesincompositionorreportingunits,andotherpertinentinformation,
— ‘SectionF- CERTIFICATION
‘Checkone CI(I)Alleporsareaccurateandwerepreparedinaccordancewiththeinstructions(checkonconsolidatedonly)(2)Thisreporisaccurateandwaspreparedinaccordancewiththeinstructions

‘NameofAuthorizedOfficial Title Gaza Date

‘Nameofpersoncontactregardingthisreport ‘Raikes(NumberandStreet)
President Washington,DC 20012 202-891-6959
Title CityandState ZipCode TelephoneNumber Extension

INFORMATIONCITEDHEREINSHALLBEHELDINCONFIDENCE
Page 126 of 102

Exhibit Q
2025 Living Wage Act

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services

MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES
MAYOR DIRECTOR

4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET

The Living Wage Act of 2006, D.C. Code §§ 2- 220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (grants, loans, tax increment financing) , in the amount of
$100,000 or more, shall pay affiliated employees wages at no less than the current living wage rate.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50
per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates
will increase to $17.95 per hour.

Subcontractors of D.C. government contractors , who receive $15,000 or more from the contract , and subcontractors
of the recipients of government assistance, who receive $50,000 or more from the assistance, are also required to pay
their affiliated employees no less than the current living wage rate.
“Affiliated employee” means any individual employed by a recipient who receives compensation directly from
government assistance or a contract with the District of Columbia government, including any employee of a
contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract.
The term “affiliated employee” does not include those individuals who perform only intermittent or incidental
services with respect to the government assistance or contract, or who are otherwise employed by the contractor,
recipient or subcontractor.
Exemptions – The following contracts and agreements are exempt from the Living Wage Act:
1. Contracts or other agreements that are subject to higher wage level determinations required by federal
law (i.e., if a contract is subject to the Service Contract Act and certain wage rates are lower than the
District’s current living wage, the contractor must pay the higher of the two rates);

2. Existing and future collective bargaining agreements, provided that the future collective bargaining
agreement results in the employee being paid no less than the current living wage;

3. 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;

6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as full-time
student, as defined by the respective institution, who is in high school or at an accredited institution of
higher education and who works less than 25 hours per week; provided that students not replace
employees subject to the Living Wage Act;

7. Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail establishment
did not receive direct government assistance from the District of Columbia;

8. Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation
exemption pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, approved August 16,
1954 (68 A Stat. 163; 26. U.S.C. §501(c)(3));

9. Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct
care service is not provided through a home care agency, a community residence facility, or a group
home for persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care
and Community Residence Facility, Hospice, and Home Care Li censure Act of 1983; 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.

Enforcement
The Department of Employment Services (DOES) Office of Wage -Hour and the D.C. Office of Contracting and
Procurement share monitoring responsibilities.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers
and workers who provide companionship services. Employers within this industry are now subject to
recordkeeping provisions.
If you learn that a contractor subject to this law is not paying at least the current living wage, you should report it to
the contracting officer. If you believe that your employer is subject to this law and is not paying at least the current
living wage, you may file a complaint with the DOES Office of Wage - Hour, located at 4058 Minnesota Avenue,
N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov. Go to
“File a Claim” tab.
For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the
Department of Employment Services on (202) 671-1880.
Please note: This fact sheet is for informational purposes only as required by Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.
THE LIVING WAGE ACT OF 2006
D.C. Code §§ 2-220.01 – 2-220.11
Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who
perform services under the contracts no less than the current living wage.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50 per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates will increase to
$17.95 per hour.
The requirement to pay a living wage applies to:
 All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive
$15,000 or more from the funds received by the recipient from the District of Columbia, and
 All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of
these recipients that receive $50,000 or more from the government assistance received by the
recipient from the District of Columbia.
“Contract” means a written agreement between a recipient and the District government.
“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit
from an agency, commission, instrumentality, or other entity of the District government.
“Affiliated employee” means any individual employed by a recipient who received compensation directly
from government assistance or a contract with the District of Columbia government, including employees of
the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs
services pursuant to government assistance or contract. The term “affiliated employee” does not include
those individuals who perform only intermittent or incidental services with respect to the contract or
government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.

Certain exemptions apply: 1) Contracts or agreements subject to wage determinations required by federal law
which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements,
provided that the future agreement results in employees being paid no less than the current living wage; 3)
contracts for electricity, telephone, water , sewer performed by regulated utilities; 4) contracts for services needed
immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to
recipients that provide trainees with services, including but not limited to case management and job readiness
services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a
school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or
retail establishments that occupy property constructed or improved by government assistance, provided there is no
receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more
than 50 individuals and qualify for 501(c)(3) status; 9) Medicaid provider agreements for direct care services to
Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for persons with intellectual disabilities as those terms are defined
in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of
1983; D.C. Code § 44-501; and 10) contracts or agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and
workers who provide companionship services. Employers within this industry are now subject to recordkeeping
provisions.

Each recipient and subcontractor of a recipient shall provide this notice to each affiliated employee covered by this notice, and
shall also post this notice in a conspicuous site in its place of business. All recipients and subcontractors shall retain payroll
records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years.

To file a claim, visit: Department of Employment Services, Office of Wage-Hour, 4058 Minnesota Avenue, NE, Suite 3600,
Washington, D.C. 20019; call: (202) 671-1880; or file your claim on-line: does.dc.gov. Go to “File a Claim” tab.
Page 127 of 102

Exhibit R
Reserved

Page 128 of 102
Exhibit S
Link to the National BIM Guide
https://app.box.com/s/hzto79uhpk18h2hsnqdubgo35huyyerk
Page 129 of 102
Exhibit T
DGS Closeout Manual/Turnover Protocol Manual
GOVERNMENT OF THE
DISTRICT OF COLUMBIA
Projects Turnover Protocol
Prepared by Capital Construction Division
2024
Revision 2024.0
Revision 2024. 1
3/1/24
3/8/24 - Mod. CTM info
Revision 2023.0ReRevision 2023.0vision 2023.0
1. INTRODUCTION :
The Turnover Protocol is the process for transfer of a construction project from the
Capital Construction Services Division (CCS) to the Facilities & Maintenance
Division (FMD) of the District of Columbia’s Department of General Services
(DGS).
The following Step by Step Procedures, and associated documents, provide the
process to:
a) Allow FMD input into the design process,
b) Provide FMD the ability to amend their personnel, equipment and
budgets to reflect the upcoming changes to their maintenance
responsibilities, and
c) Facilitate timely transfer of the documents required by FMD to
adequately maintain the facility, immediately the project is turned
over to them.
The principal contact for the Turnover Protocol is the Construction Turnover Manager (CTM),
Construction Punch list Manager (CPM) and the Facilities Turnover Manager: (FTM)
The current CTM is:
The current FTM is:
Mr. Henry Miller
henry.miller@dc.gov
Office – (202) 698-7912
Cell
- (240) 216-2317
Mrs. Sonya Woodall
sonya.woodall@dc.gov
Office – 202-545-3032
Cell – 202-437-6518
The current CPM is:
Vacant
Office –
Cell -
The T
urnover Protocol is an Internal DGS process that flows between the Capital Construction
PM, the CTM, the FTM, and FMD (or other responsibly agencies facility management
department).
The Turnover Protocol applies to all Capital Construction Projects regardless of client agency,
funding source, funding amount, or scope. The extent of involvement will be determined by
the CTM based on the scope of the project and whether maintenance will be by DGS-FMD or
others.
The T
urnover Protocol is not Project Close-Out. Close-Out is between the contractor and the
DGS-PM team. The two processes are intertwined but the goals are different.
2. STEP BY STEP PROCEDURE
The following Step-by-Step procedure should be followed as described in the
“Description” column using the forms and documents noted in the “Documents”
column, copies of which are attached. Clarifications on procedures are contained in the
Appendices, also attached, and referenced in the Step-by- Step procedures. If you are
unclear as to the intent of any of the steps, or how to process the information, please
contact the Construction Turnover Manager noted in the introduction section above.
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
1 Invite Construction
Turnover Manager to
Design Kickoff Meeting.
DGS Project Manager (DGS-PM) shall invite
Turnover Manager to the Design Kick–Off
Meeting.
FTM may provide lessons learned from previous
projects, any preferences regarding the building
systems, and institutional knowledge of the
facility. PM should advise the Turnover Manager
of the anticipated design document review
schedule.
Lessons Learned &
Recommendations
(Provided by
Facilities, Agency
Dependent).
2 Opportunity to review
A/E submittals-
Schematic Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
3 Opportunity to review
A/E submittals- Design
Development
Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review. DGS-PM
shall include responses to comments from previous
review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
4 Opportunity to review
A/E submittals-
Construction
Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review. DGS-PM
shall include responses to comments from previous
review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
DESIGN PHASE
Update 06/02/23 5
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
5 Construction Kickoff
meeting.
DGS-PM shall invite Turnover Manager to the
Construction Kick–Off Meeting. FTM shall be
provided with the construction schedule. GC shall
advise Progress Meeting schedule
6 Pre Close-In
Walkthrough.
At appropriate times during construction, DGS-PM
shall invite Turnover Manager to a walkthrough of
the project to allow Facilities staff to observe and
familiarize themselves with the as-built condition of
building systems, prior to close-in, and comment on
any noted concerns.
A.
7 Notify Turnover
Manager of
Commissioning
Schedule.
Once active commissioning is scheduled FTM shall
be advised, so Facilities can observe per their
requirements. DGS-PM should provide the
completed Equipment List at this time.
Equipment List B.
8 Schedule Closeout
Conference
On larger projects, DGS-PM shall schedule a
Project Closeout Conference when the DGS-PM
Team deem it adventagous.
Invitee's should include FTM, CTM, A-E, Client
Agency Rep.and, at GC's discretion, major sub-
contractors. Schedule with sufficient time to help
GC prepare for requesting Substantial Completion.
Turnover Checklist
Base
9 Schedule Training
Sessions.
DGS-PM shall invite Turnover Manager to all
training sessions required by the contract
documents, (or requested by FTM based on scope
of work). Provide Turnover Manager with a
minimum of five working days’ notice to allow
Facilities to schedule the correct personnel. All
training sessions shall be recorded. Include sign-in
sheet
A.
C.
10 Pre-Substantial
Completion Final
Punch List Walk
DGS-PM shall invite the Turnover Manager and
Punch list Manager. (Following the contractors
written request for Substantial Completion in
accordance with specification section 017700)
Request for
Substantial
Completion Letter
A.
11 Process Certificate of
Substantial
Completion.
DGS-PM shall review the documents provided by
the Contractor, mark up the Pre-Substantial
Completion Section of Turnover Checklist and
provide to CTM for verification. DGS-PM and
CTM shall process the Certificate of Substantial
Completion.
Certificate of
Substantial
Completion
D.
E.
F.
G.
H.
12 Process Final
Completion
Documents
DGS-PM shall review the documents provided by
the Contractor, mark up the Pre-Final Completion
section of the Turnover Checklist and provide to
CTM for verification.
G.
H.
I.
CONSTRUCTION PHASE
Update 03/08/24 5
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
13 Confirm Second
Season HVAC
Commissioning done.
Sign and date relevant box in the Post-Final
Completion section of the checklist and forward to
CTM.
Marked up Turnover
Checklist (Post-
Final Completion
Section)
14 Confirm
miscellaneous Post-
Final Completion
items are done.
Once items are done, sign and date relevant box in
the Post-Final Completion section of the Turnover
Checklist. Forward to CTM. The following are
examples of Post-Final Completion Items which
may or may not be applicable depending on the
specifics within the project specifications. If service
visits are required provide copies of the work
tckets to the Turnover Manager for record.
Marked up Turnover
Checklist (Post-
Final Completion
Section)
H
14a Door Hardware
Maintenance
Typically a 6 month maintenance agreement ,
including quarterly preventative maintenance.
14b Kitchen Equipment Typically a follow up demonstration at three months.
14c Elevator Maintenance Typically provided for the same duration as the
specified warranty term.
14d HVAC Water
Treatment
In a hydronic system, typically a one year
maintenance agreement included for water
treatment, including chemicals supply.
14e Infrared Inspection Typ. at 2 & 11 months after Substantial Completion.
14f Lighting Controls Manufacturers optimization visit included for the
Lighting Control System, to be conducted six
months after Substantial Completion.
14g Telephone & Data One year maintenance agreement, including four
quarterly inspections and service calls.
14h Video Surveillance Annual remote and on-site service and
maintenance, including all software patches and
upgrades.
14i Access Controls
System
Occupancy adjustment included , to be scheduled
six months after Substantial Completion.
14j Vegetated Roof
Assembly
Typically two year maintenance agreement.
15 One Year Warranty
Expiration
Walkthrough.
PM shall schedule this walkthrough, invite the
Turnover Manager and client agency
representatives. Once the generated punch list is
complete, sign and date relevant box in the Post-
Final Completion section of the Turnover Checklist
and forward to CTM.
Marked up Turnover
Checklist (Post-Final
Completion Section)
J.
POST-CONSTRUCTION PHASE
Update 06/02/23 5
H.
H
H
H
H
H
H
H
H
H
H
3. TURNOVER RELATED DOCUMENTS
The CTM will create a submittal file (01 7700 01.0 DGS Turnover Documents) in
ProjectTeam that includes the following forms for your use.
1. Design Review Comment Form
2. Request
for Substantial Completion.
3. Equipment List.
4. Turnover Checklist.
5. Contact List.
6. A/E Sign-off.
7. Client Agency Acknowledgement.
8. Certificate of Substantial
Completion.
9. 11
Month Warranty Walk Tracker
Project: Date:
Reviewer: Review Stage:
ITEM DRAWING/
SECTION TOPIC COMMENT RESPONSE FOLLOW UP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TURNOVER PROTOCOL
REVIEW AND COMMENT FORM
Updated 12/07/23 Page 1 of 1
Form Rev. 1.0 06/01/23
REQUEST FOR SUBSTANTIAL COMPLETION
[Date]
Capital Construction Services
Department of General Services
3924 Minnesota Ave. NE
Washington DC 20019-2661
Attention: _____________________________ [DGS-PM]
Reference: _____________________________ [project name]
Dear Sir/Madam,
____________________________________ [contractor] hereby requests an inspection for determination
of date of Substantial Completion for the above referenced project, or portion hereof as detailed below.
[insert description of partial area] The following documents have been uploaded to ProjectTeam in the
Submittals form:
 Certificate of Occupancy.
 Other final inspections, operating certificates, and similar releases, permitting District unrestricted
use of Work and access to services and utilities. [list]
 Draft copies of warranties, workmanship bonds, maintenance service agreements, final
certifications, and similar documents, including a warranty contact list.
 Comprehensive Punch List, as approved by the DGS-PM, with all material items completed.
 Schedule of Attic Stock, including all tools, spare parts, extra materials, and similar items, as
required by Specification Section 017861.
 Operation and Maintenance Manuals in accordance with specification section 017823.
 Equipment list in spreadsheet format, including equipment tag/label information.
 Closure reports for environmental abatement work performed by the contractor. (list)
 Draft commissioning report of systems, subsystems, and equipment in accordance with Section 01
91 13, including letter from Commissioning Agent certifying that all material issues have been
resolved and systems are fully functional.
Additionally, we advise the following:
 The following utility meter numbers need to be transferred to District responsibility as of date of
Substantial Completion
PEPCO _____________________________________
Washington Gas _____________________________________
DC Water. _____________________________________
 We have contacted and advised the door hardware manufacturer to have the permanent keys and
cores delivered directly to you prior to date of Substantial Completion.
 All fuel oil tanks have been filled. They will be topped off on the day designated for Substantial
Completion.
 All training required by the Contract Documents has been completed.
Please advise when the inspection will be conducted.
Sincerely,
__________________________________________________
[Signature and printed name]
DGS CAPITAL CONSTRUCTION/FACILITIES MANAGEMENT TURNOVER PROTOCOL FORM
Equipment List
Agency NOTES:
Facility
Address
Equipment Type
(Common Name) Manufacturer Model No. Serial No. Refrigerant RPM Voltage Amps Phases Horse Power Installation Date BTU Fuel Type Filter Size Size/Capacity Room Number Floor
Number
Tag/
Label
PLUMBING
1
2
3
4
5
6
7
8
9
HVAC
1
2
3
4
5
6
7
8
9
ELECTRICAL
1
2
3
4
5
6
7
8
9
OTHER
1
2
3
4
5
6
7
8
9
<Insert DGS's Client Agency>
<Insert Facility Name>
<Insert project address>
1. If in doubt whether on not to include a piece of equipment,
include anything that has a serial number.
2. Do n
ot alter this form, other than adding lines as necessary.
PHYSICAL TAG/LABEL INFO
DGS Turnover Protocol Equipment List rev. 11/16/23 Page 1 of 1
Anticipated Date of Substantial Completion:
Pre-Substantial Completion As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
2.1
2.2
2.2
2.2
2.2
2.4
2.5
2.6
2.7
2.6
2.8
2.9
2.10
2.6
2.601 77 00
Proposed schedule of maintenance
Contact List.
Equipment schedule (in excel) 01 78 23
Operation Certificates & Permits
All DOB Final Approvals
Boiler inspection (Green Stickers)
Commisioning / HVAC balancing complete
All training completed
Final cleaning completed
01 78 23
Cx deficiency log items resolved.(See Reference
Note)
Verified Received by:
Name:
01 79 00
01 78 23
01 50 00
Facilities Turnover Manager
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Activity
SPEC
SECTION
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
01 77 00
Elevator (conveying system) inspection 01 77 00
Other operator certificates (per project) 01 77 00
Certificate of Occupancy
01 77 00
01 77 00
O & M manuals submitted
Keys: permanent cores and keys to DGS
Punch list (with only minor items remaining)
01 91 13
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 1 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
3.1
3.3
3.4
3.2
3.5
3.6
3.6.1
3.6.2
3.2
3.2
3.8
3.7
3.9
3.2
3.11
3.12
3.13
01 77 00
Facilities Turnover Manager
Name:
Verified Received by:
Training recordings submitted
SPEC
SECTION
Pre-Final Completion
Activity
01 79 00
Final meter reading for utilitites 01 50 00
Fuel Tanks Filled
Final Commissioning report.
Drawings (PDF and CAD files) 01 78 39
Warranties 01 78 70
Elevator (conveying system) certificate
Final Property (wall check) Survey
01 77 00
Attic stock, parts and equipment list
01 78 39
DOEE (SWM) approval
MSDS for finishes & materials incorporated.
Specifications
01 78 70
As-built documents.
Environmental, Health & Safety documents.
Maintenance Agreements
Valve Plan
Tags, labels, plaques (if applicable)
Meter plan
Punch list with all items resolved. 01 77 00
01 78 61
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 2 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
4.1
4.1
4.1
4.1
4.1
4.1
Second season HVAC commissioning completed.
Completion unless otherwise agreed to in writing by the Contracting Officer. Agreements must be written to the benefit of the District. The scope of work
must be clearly stated, in the agreement, to allow the Facilities Maintenance staff to confirm the work is being completed.
3.5. Attic Stock: Confirm all attic stock has been provided by initializing in the PM Check column. Provide an itemized list, with quantities, of
all materials, parts and equipment. Also, include stored location.
3.6. As Built Documents:
3.2. Confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
3.3. Warranties:
3.3.1. All warranties shall start on the date Substantial Completion as noted on the EXECUTED Certificate of Substantial Completion.
3.3.2. Special warranties, those extending past the General Contractors standard one year warranty, must not be addressed solely to the
General Contractor. They must also be written to the benefit of the District (or Owner).
3.4. Maintenance Agreements: If the project includes Maintenance Agreement(s) these agreements shall start at the date of Substantial
2.7 For Substantial Completion all Cx deficiency log items should be resolved. Any remaining minor items must be added to the punch list.
2.6. Confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
2.8. Contact List: Provide list of contractors by trade. Contact details should be those for warranty calls, not the necessarily the construction contact.
2.9. O&M Manuals Submitted:
2.9.1. Manuals are required at Substantial Completion as the District will be responsible for maintenance as of that date.
2.9.2. O&M Manuals shall be organized in the same order as the project specification sections. Provide files divided by
specification division and with filenames starting with the specification section.
2.10. Proposed Schedule of Maintenance: The O&M manuals shall include a written schedule of maintenance.
3. PRE-FINAL COMPLETION
3.1. Elevator certificate: Provide copy of certificate (The one that is typically displayed in the elevator)
2. PRE-SUBSTANTIAL COMPLETION
2.1. Certificate of Occupancy: Conditional may be acceptable if allowed by construction contract.
2.2. Other Inspections: Provide copies of final inspections and approvals as applicable to project.
2.3. Emergency Evacuation Plans: Confirm these are prepared and posted. They must be posted prior to occupancy.
2.4. Punch List (with only minor items remaining): Provide a copy of the consolidated punch list. At Substantial Completion all material punch list
items have to be completed. Material punch list items are those that would restrict the Districts full intended use of the facility. Also see note 2.7 below
2.5. Equipment Schedule: Provide a completed equipment schedule (base form provided in ProjectTeam).
1. GENERAL NOTES
1.1. PM to initial and date (when completed) against each item applicable to the project.
1.2. PM to note “N/A’ against each item not applicable to the project.
1.3. For each phase, all documents are to be collected by PM and turned over to Turnover Manager at one time.
1.4. When submitting each phase, don't leave a box in the ‘PM Check’ column blank. Either initial as done, mark N/A, or provide a comment.
Facilities Turnover Manager
Name:
Verified Received by:
Elevator inspection report (one year)
Fire Alarm inspection report (one year)
Infrared testing of electrical system (6 months)
Activity
SPEC
SECTION
Any other Post-Final contract requirements (list),
following are examples.
Post-Final Completion
Pre 1 year warranty expiration inspection.
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 3 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
3.8. Provide copy of DOEE Final Approval letter for SWM.
3.13. Final Property (wall check) Survey: Provide in PDF format if required by Contract Documents or Surveyors office.
4. POST-FINAL COMPLETION
4.1 If required by contract documents, confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
Mark N/A if not applicable.
3.7. Environmental, Health & Safety Documents: Provide all applicable documents in electronic format for archiving. Mark N/A if not
applicable. Do not leave blank.
3.9. Final Meter Reading for Utilities: Confirm final readings have been taken and responsibility transferred to the District. If a Landlords
responsibility, mark N/A.
3.10. Permanent Meters installed: Confirm no temporary meters remain in use.
3.11. Training Recordings Submitted: Submit electronic copies of all training sessions, in ProjectTeam.
3.12. Final Commissioning Report: Provide in electronic in ProjectTeam.
3.6.1. Drawings: Provide electronic PDF files by discipline and CAD (or BIM) files, including all required XRef files.
3.6.2. Specifications: Provide an electronic copy of the complete set of project specifications, amended to reflect any changes occurring
during the construction phase.
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 4 of 4
Project Name: Agency - Facility - Project - Year
Project Manager: DGS PM
Company Contact Office Phone Cell Phone Email Website
GENERAL
CONTRACTOR
Sr. Project Manager
Asst. Project Manager
Project Coordinator
LEED Coordinator
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 04 - Masonry
DIVISION 05 - Metals
DIVISION 02 - Existing Conditions
DIVISION 03 - Concrete
SUB-CONTRACTORS (add or remove as appropriate to project), (use appropriate contact for warranty work)
TURNOVER CONTACT LIST
DIVISION 06 - Wood, Plastics & Composites
DIVISION 07 - Thermal & Moisture Protection
Form update 06/01/23 1 of 3
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 21 - Fire Suppression
DIVISION 23 - Heating, Ventilating & Air Conditioning
DIVISION 14 - Conveying Equipment
DIVISION 22 - Plumbing
DIVISION 12 - Furnishings
DIVISION 13 - Special Construction
DIVISION 11 - Equipment
DIVISION 10 - Specialties
DIVISION 09 - Finishes
DIVISION 08 - Openings
DIVISION 26 - Electrical
Form update 06/01/23 2 of 3
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 28 - Electronic Safety & Security
DIVISION 31 - Earthworks
DIVISION 32 - Exterior Improvements
DIVISION 33 - Utilities
DIVISION 27 - Communications
Form update 06/01/23 3 of 3
A/E SIGN OFF FOR SUBSTANTIAL COMPLETION
TURNOVER PROTOCOL Page 1 of 1 A/E Sign Off Form Doc rev. 1.2 (06/01/23)
PROJECT NAME: <Exactly as written in construction contract>
CONTRACTOR: <Exactly as written in construction contract>
CONTRACT No.: <Exactly as written in construction contract, including Task Order No.>
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
We ___________________________ have reviewed the complete project, or partial project as noted above,
Architect/Engineer (Firm Name)
and to the best of our knowledge, information and belief, have found the Work to be in accordance with the
Contract Documents, except as noted on the attached punch list.
We also confirm we have reviewed the closeout documents required for substantial completion (as detailed
in the Turnover Protocol “Request for Substantial Completion” letter) and found the closeout documents to
be in accordance with the Contract Documents.
___________________________________________________ ____________________________
A/E Signature and printed name and title D a t e
Note: The above does not, in any way, designate the date of Sub stantial Completion as pertains to the
contract between the Contractor/Construction Manager/Design Builder and the District.
CLIENT AGENCY ACKNOWLEDGEMENT
TURNOVER PROTOCOL Page 1 of 1 Client Agency Form
Doc. Rev. 1.0 (06/01/23)
CONTRACT NAME:
CONTRACT No.:
CLIENT AGENCY:
CONTRACTOR:
<Exactly as written in construction contract>
<Exactly as written in construction contract>
_________________________________________________________________
<Exactly as written in construction contract>
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________ (Client Agency) acknowledges receipt of the following close-out/turnover
documents for the above referenced project.
 Certificate of Occupancy/Building final Inspection.
 Operation and Maintenance Manuals
 As-Built Drawings (pdf & AutoCad)
 Warranties,
 Maintenance service agreements, (List)
 Project Contact List
 Schedule of Attic Stock.
 Equipment list.
 Closure reports for environmental abatement work.
 Commissioning report (Draft, final to follow)
 ________________________________________
 ________________________________________
___________________________________________________ ____________________________
Client Agency Contact and printed name Date
(for non-DGS maintained facilities)
CERTIFICATE OF SUBSTANTIAL COMPLETION
Page 1 of 2
CONTRACT NAME: __________________________________________________________
CONTRACTOR: __________________________________________________________
CONTRACT No.: - - -
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
DGS-PM to complete Section 1 or Section 2
SECTION 1 - Substantial Completion Request Rejected
 As requested by the Contractor, the DGS-PM has inspected the project and the submitted close-
out documents.
The following items must be completed or corrected prior to certifying the Date for Substantial
Completion.
ITEM DESCRIPTION COMPLETE
1
2
3
4
5
6
7
8
9
10
11
12
Once the above noted items are complete, submit written request for re-inspection.
____________________________ __________________________________________________
DGS-PM and printed name
Certificate of Substantial Completion (rev. 060123)
Date
Certificate of Substantial Completion (rev. 060123) Page 2 of 2
CERTIFICATE OF SUBSTANTIAL COMPLETION
SECTION 2 - Substantial Completion Request Accepted
 As requested by the Contractor, the DGS-PM has inspected the project and the submitted close-
out documents and recommends the Project, or Specified area of the Project, be accepted as
Substantially Complete at ______________ (time) on _______________, 20__. (date)
____________________________ __________________________________________________
DGS PM and printed name Date
___________________________________________________ ____________________________
Construction Turnover Manager and printed name Date
____________________________ __________________________________________________
Executive Program Manager and printed name
Date
All warranties will start the day of Substantial Completion, with the exception of those items remaining
on the attached punch list, which will start as of the date of Final Completion. The failure to include an
item on the punch list does not alter the responsibility of the Contractor to complete all the Work in
accordance with the Contract Documents, including authorized changes thereof. The Contractor shall
complete or correct the work on the attached punch list by ____/____/____. If the list of items is not
completed within the time allotted the District has the right to be compensated for the delays and/or
complete the work with the help of an independent contractor at the expense of the retained project
funds. If the retained project funds are insufficient to cover the delay/completion damages, the district
shall be promptly reimbursed for the balance of the funds needed to compensate the District, either
directly or by claim against the Performance Bond.
Warranty Walk-through Check List
Project Name:
Date:
P
articipants: Reference Sign In Sheet
Item # BIC Warranty or
Maintenance
Floor and Location Description Action
2
3
4
5
6
7
8
9
10
11
12
13
1

4. APPENDICE (CCS PM’s)
A. TURNOVER MEETING REQUIREMENTS
Regarding scheduling contract and Turnover Protocol required meetings
commissioning, training sessions, pre-close-in walk-throughs, punchlist, etc.), DGS
Facilities have requested the following time frames be used to the greatest extent
possible. This is required to accommodate their mechanics work schedules.
• M
echanical equipment training/commissioning: 7a.m. start, conclusion by noon.
• Electrical & Plumbing equipment training/commissioning: 9a.m. start,
conclusion by 2p.m.
• Pre-close-in walkthroughs, punchlists: 9a.m. start, conclusion by noon.
• If multiple trades involved provide individual start times for each trade.
Per the Turnover Protocol these sessions must be scheduled a minimum of 5 working
days in advance, to allow Facilities to rework their personnel schedules accordingly.
Invites should be sent to both the CTM and the FTM. FTM will distribute to the appropriate
personnel within FMD.
Invites shall include a) specific meeting location, easily identifiable to someone not familiar
with the current site conditions and b) advice on the site-specific PPE requirements.
B. EQUIPMENT LIST
Have GC/CMAR/D-B complete the form and upload it to ProjectTeam just prior to the start of
Functional Testing in the Commissioning process. Send a forced notification to CTM & FTM, as
soon as uploaded. Do not allow the GC/CMAR/D-B to modify the document in any way, other
than adding additional lines as required. Equipment Tag/Label information must be the
information that’s on the physical tag, not the information on the equipment schedule in the
construction drawings, and each tag must be unique. (Reference the requirements in the
specifications, typically sections 220553, 230553, 260553.)
C. TRAINING RECORDINGS
Recordings shall be professional in nature. Not recorded by a random individual on their
cellphone. Please be aware of background noise, especially around mechanical equipment. Please
keep files to a maximum of 2GB, breaking into parts if necessary. When a commissioning agent
is employed on the project, training must not be conducted until the Cx advises the equipment is
ready for training.
D. A/E SIGN OFF FOR SUBSTANTIAL COMPLETION
On projects where you have an A/E, either as part of a D-B team or providing Title II services,
use the A/E Sign-Off form to have the A/E certify the work has been completed in accordance
with the design and that the close-out documents have been reviewed and comply with the project
specifications.
Tick either the “Complete Project” box or the “Partial” box, as appropriate. If a Partial
Turnover, include a clear description of the area being turned over. Attach marked up plans
(with system demarcation points highlighted) as necessary.
E. CONTACT LIST
Contact list must be provided with the pre-substantial completion package. Contact list for
Turnover purposes should include the GC/DB and all first-tier sub-contractors. It should be
organized by trade (or specification division), not by company name. The contact information
should be the correct information for warranty calls, not necessarily the on-site or construction
contacts, as many larger companies have designated warranty departments. An appropriate
contact list base is provided in this package.
F. PROCESSING CERTIFICATE of SUBSTANTIAL
COMPLETION
Per standard Division 1 specification requirements, Contractor shall submit a written
request for Substantial Completion, 10 days prior to when they anticipate being
substantially complete. At that time, they must provide all the close-out documents
required for substantial completion. See the “Request for Substantial Completion”
document, in the documents section of this manual, which the contractor can use for this
purpose. It also provides a checklist of the items typically required.
Once received, the DGS-PM should review the project conditions and the documents
provided and either reject the request or recommend acceptance.
If rejecting the request, you can use Section 1 of the Certificate of Substantial Completion to list
the deficiencies and officially reject the request.
If recommending acceptance, complete the relevant parts of Section 2 of the CofSC per the
following:
When you have all the docs required by the first page of the Turnover Checklist complete the
Complete the first page of the Turnover Checklist and attach to the CofSC, as page 3.
1. Attach the punchlist as of your proposed Substantial Completion date, as page 4, (only if
there are any outstanding items). Remember to include any outstanding Cx Issue Log items in
the Punchlist.
2. Input your proposed Substantial Completion date in the space provided in the second from
last paragraph of the second page.
3. In the last paragraph on the second page, in the space provided, add the date by which you
want the contractor to complete the punchlist. (if none insert N/A)
4. Also, on the second page, electronically sign the document on the “DGS PM” line. Do not
sign the first page.
5. Forward to the CTM, as a Project Team Action Item.
G. CLIENT AGENCY ACKNOWLEDGEMENT
On a project where CCS is responsible for managing the construction, but another agency is
responsible for maintenance, the turnover documents should be provided to that agency. Have
the agency complete the Client Agency Acknowledgement form and return a copy to the CTM.
H. PROJECTTEAM TRANSMITTAL PROCESSING
For each phase of Turnover, once the DGS-PM has reviewed and accepted the documents, create
a transmittal in ProjectTeam. Transmittal line items shall mimic the Turnover Checklist activity
line items.
Please reference the ProjectTeam Quick Reference Guide on process on creating a transmittal
Link: projectteam.com/dgs/home.html
Once the transmittal has been created forward a ProjectTeam Action Item to CTM.
I. TURNOVER FINAL SIGN-OFF
Once the Final Completion documents have been received and accepted by the CTM the CTM will
provide a Turnover Final Sign-Off which must be included in the PM’s package for release of
retainage submitted to the Deputy Director. To provide this sign-off, the following must have
occurred: -
a. a
ll required turnover documents must have been provided to the CTM.
b. Any post-substantial completion maintenance included in the construction contract must
be covered by a Maintenance Agreement between the sub-contractor providing that
maintenance and the District and must be executed by an officer of the sub-contractor.
c. If DGS-FMD is not providing ongoing maintenance the Client Agency Acknowledgement
must be provided.
J. WARRANTY WALK
The purpose of the “One Year Warranty Walkthrough” is to identify any items that should have
been called in as warranty issues by the client or DGS-FMD, but have not been for any particular
reason. Therefore, at the walkthrough we need the following:
1. an on-site representative from the client to point out any issues they may have,
2. an on-site representative from Facilities to do the same,
3. the DGS PM to determine, and document, which issues are covered by the
construction contract (and therefore warranty issues), which issues are user wear and
tear/damage/lack of maintenance (not warranty issues), and which are not within the
scope of the construction contract (not warranty issues),
4. the contractor, to be aware of any warranty issues identified and to make sure they are
taken care of by the relevant subcontractors before the warranty expires.
Yo
u can use the use the “Warranty Walk-through Check List” included in this protocol to track any
issues found.
5. APPENDICE (FMD Staff)
.
Page 130 of 102
Exhibit U
Link to the Quality Control Master Program
https://app.box.com/s/4mtsgynerwslp5kpiogreay8tqm4gk75
Page 131 of 102
Exhibit V
First Source Employment Agreement and Revised Employment Plan
GOVERNMENT OF THE DISTRICT OF COLUMBIA.
Department of Employment Services
xk *
—
—
MURIELBOWSER Dr.UNIQUEMORRIS-HUGHES
MAYOR DirECcTOR
April4,2025
ReneAnyieContractSpecialist‘TheDepartmentofGeneralServices3924MinnesotaAvenue,NEWashington,DC 20019
Re:FirstSourceEmploymentAgreement
DearMs.Anyie,
EnclosedisyourcopyofthesignedFirstSourceEmploymentAgreementbetweentheD.C,Department
ofEmploymentServices(DOES)andAtmosSolutions,IncDeveloper(1,GeneralContractor8 or
Subcontractor(1.UnderthetermsoftheAgreement,youarerequiredtouseDOESasthefirstsourcetofillallnewjobscreatedasaresultofProject:Design-BuildServicesforKiSupportSeatonElementarySchoolModernization
‘YoumustregisterandpostyourjobvacanciestotheDepartmentofEmploymentServices’VirtualOne-Stop(VOS) atwww.denetworks.org.
Inaddition,atleast51%ofthenewlycreatedjobsmustbefilledbyD.C.residents.Further,DistrictresidentsregisteredinprogramsapprovedbytheDistrictofColumbiaApprenticeshipCouncilshallwork35%ofallapprenticeshiphoursworkedinconnectionwiththeProject.

Important:AllGeneralContractorsensurethatallsubcontractorsthataresubjecttotheFirstSourceEmploymentAgreementrequirementsadheretotheFirstSourcemonthlyreporting.CLICKHERETOREGISTERintheFirstSourceOnlineRegistrationandReportingSystem(FORRS),andreportbythe10ofeachmonththroughoutthedurationofthecontract.
Ifyouhaveanyquestionsorneedadditionalinformation,pleasecontactJosephTaylor,(202)671-1048,joseph.taylor@de.gov
LJPREDanielKingAssociateDirectorOfficeofFirstSourceComplianceEnclosure
Sincerely,
4058MinnesotaAve,N.E.*Suite5000+Washington,D.C.20019+ Office:202.671.1900
* ke x *bel |eelGOVERNMENTOFTHEDISTRICTOFCOLUMBIA— FIRSTSOURCEEMPLOYMENTAGREEMENTFOR —CONSTRUCTION PROJECTSONLY
GOVERNMENT-ASSISTEDPROJECT/CONTRACTINFORMATIONCONTRACT/SOLICITATIONNUMBER:0¢AM25-05-RFP-0001DISTRICTCONTRACTINGAGENCY:DepartmentofGeneralServicesCONTRACTING OFFICER: _PeterHeneLyonae
TELEPHONENUMBER: 202-:TOTALCONTRACTAMOUNT:$4 156,265.00 _
THISSECTIONTO BECOMPLETEDBYTHEBENEFICIARYONLY:TOTALGOVERNMENTASSISTEDFUNDEDAMOUNT:$1:155.265.00DATE oaoaras
TACONTRACTQGRANT DILOANOTAXABATEMENTOREXEMPTIONC]LANDTRANSFER[LAND DISPOSITIONANDDEVELOPMENTAGREEMENT1TAXINCREMENTFINANCINGDANY ADDITIONALLEGISLATION,IFYES,

D.C.CODE#GENERAL_ CONTRACTORWILLMEETTHEHIRINGORHOURSWORKEDPERCENTAGESREQUIREMENTS FOR ENTIREPROJECT [] OR PER EACH SUBCONTRACTOR]

PROJECTNAME:0€SGWou10SERVICESFORKCLEWSWINGSPACETOSUPPORTSEATONELEMENTARYSCHOOLMODERNIZATION
PROJECTADDRESS:300850ntSvwotWW.

CITY:Washington STATE:Devitc(counbisZIPCODE:20001 _PROJECTSTARTDATE:o«owa025 PROJECTEND DATE:02/5202EMPLOYERSTARTDA’ EMPLOYEREND DATE:09182078
EMPLOYER INFORMATIONEMPLOYERNAME:AtmosSolitons.ne
EMPLOYERADDRESS:#56EsstemAveNW,Suite205 —_
CITY:Weshington STATE;DeticotcourbieZIPCODE:20012
‘TELEPHONENUMBER:202460598 FEDERALIDENTIFICATIONNO.;6:1601304CONTACT.PERSON:Antony'sFemandoTITLE:Presiaent
E-MAIL:somando@uimosstsonsinecom TELEPHONE_ NUMBER:CERTIFIEDBUSINESSENTERPRISESCERTIFICATIONNUMBER:‘S0R&48572102027
D.C.APPRENTICESHIPCOUNCILREGISTRATIONNUMBER:ARE YOU A SUBCONTRACTOR [JYES NO IFYES,NAME OF PRIMECONTRACTOR:

ThisFirstSourceEmploymentAgreement(Agreement),inaccordancewithWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2-219.01—2.219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.
OfficialCode§ 2-219.03and§32-1431)isa requiredagreementbetweentheDistrictofColumbiaDepartmentofEmploymentServices(DOES)andEMPLOYER.
EMPLOYER,whichincludestheBeneficiaryandallcontractorsandsubcontractors,isworkingonacontractorprojectthathasreceived:

D.C.Governmentassistancevaluedbetween$300,000and$5milliondollars,requiredtomakea
goodfaithefforttoensurethat51%of allnewhiresareDistrictresidents.(D.C.OfficialCode§ 2-
219(e1)(A))
1 DC.Governmentassistancevaluedat$5millionormore,requiredtohavethefollowingpercentageofhoursworkedineachclassificationbyDCresidents;20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;70%ofcommonlaborerhoursforalljobscreatedbytheProject.
(D.C.OfficialCode§2-219.03(1A)(A))
Pagelof11 FiatSoweeEmplaymenAgreement,RevisedFein,15,2018
DOESisthefirstsourceforrecruitment,referral,andplacementofnewhiresoremployeesforalljobscreatedbytheGovernmentAssistedProjectorContract(Project).
‘ThePartiesagreetothetermsandconditionsoftheAgreementasfollows:
1. DEFINITIONS
ThefollowingdefinitionsshallgovernthetermsusedinthisAgreement.‘A.Apprenticemeansaworkerwhoisemployedtolearnanapprenticeableoccupationunderthetermsandconditionsofapprovedapprenticeshipstandards.
B. Beneficiarymeans:1.ThesignatorytoacontractexecutedbytheMayorwhichinvolvesanyDistrictofgovernmentfunds,orfundswhich,inaccordancewithafederalgrantor,theDistrictgovernmentadministersandwhichdetailsthenumberanddescriptionofalljobscreatedbya government-assistedProjectforwhichthebeneficiaryisrequiredtousetheFirstSourceRegister;

2.A recipientofa Districtgovernmenteconomicdevelopmentactionincludingcontracts,grants,loans,taxabatements,landtransfersforredevelopment,ortaxincrementfinancingthatresultsinafinancialbenefitof$300,000ormorefromanagency,commission,instrumentality,orotherentityoftheDistrictgovernment,includinga financialorbankinginstitutionwhichservesastherepositoryfor$1
millionor more of Districtof Columbia funds.

C. ContractingAgencymeansanyDistrictofColumbiiassistedProjecttotaling$300,000or more.

agencythatawardedagovernment
D. Directlaborcostsmeansallcosts,includingwagesandbenefits,associatedwiththehiringandemploymentofpersonnelassignedtoaprocessinwhichpayrollexpensesaretracedtotheunitsofoutputandareincludedinthecostofgoodssold.
E,EMPLOYERmeansanyentityawardedagovernmentassistedProjecttotaling$300,000or‘more, includingallindividualcontractor and subcontractor entitiesat any tierwho work
ontheProject.

F. FirstSourceEmployerPortalisawebsiteconsistingofa connectedgroupofstaticanddynamicwebpageswiththeabilityforEmployerstoenterdatausingtheinternetThewebsiteisaccessiblebyaUniformResourceLocator(URL)andismaintainedbyDOES.ThewebsiteprovidesreportinginformationtoFirstSourceEMPLOYERS.
G.FirstSourceRegistermeanstheDOESAutomatedApplicantFiles,whichconsistsofthenames of DC residentsregisteredwith DOES.
H. Good faitheffortmeans an EMPLOYER has exhausted allreasonablemeans to comply with
anyaffirmativeaction,hiring,orcontractualgoal(s)pursuanttotheFirstSourcelawandAgreement.
I Government-assistedprojector contract(Project)meansany constructionor non-
constructionProjectthatreceivesfundsorresources,valuedat$300,000ormore,fromtheDistrictofColumbia,orfundsorresourceswhich,inaccordancewithafederalgrantorotherwise,theDistrictofColumbiagovernmentadministers,includingcontracts,grants,loans,taxabatementsorexemptions,landtransfers,landdispositionanddevelopmentagreements,taxincrementfinancing,oranycombinationoftheaforementioned.
Page2of11 FistSourceEmploymenAgreementRevisedFebruary15,2018

3 HardtoemploymeansaDistrictofColumbiaresidentwhoisconfirmedbyDOESas:
1.An-ex-offenderwhohasbeenreleasedfromprisonwithinthelast10years;2. A participantoftheTemporaryAssistanceforNeedyFami3. A participantoftheSupplementalNutritionAssistanceProgra4. LivingwithapermanentdisabilityverifiedbytheSocialSecurityAdministrationorDistrictvocationalrehabilitationprogram;‘Unemployedfor6monthsormoreinthelast12-monthperiod;Homeless;7. A participantorgraduateoftheTransitionalEmploymentProgramestablishedby§32-1331;or
8. An individualwhoqualifiedforinclusionintheWorkOpportunityTaxCreditProgramascertifiedbytheDepartmentofEmploymentServices.

Indirectlaborcostsmeansallcosts,

cludingwagesandbenefits,thatarepartofoperatingexpensesandareassociatedwiththehiringandemploymentofpersonnelassignedtotasksotherthanproducingproducts.
unionmanagerial,non-managerial,professional,Ipositionincluding:clericalandsalesoccupations,serviceoccupations,processingoccupations,machinetradeoccupations,benchwork‘occupations,structuralworkoccupations,agricultural,fishery,forestry,andrelated‘occupations,andanyotheroccupationsastheDepartmentofEmploymentServicesmayidentifyintheDictionaryofOccupationalTitles,UnitedStatesDepartmentofLabor.

NewHire:Individual(s)newlyhiredbytheEMPLOYERtoperformworkonagovernmentassistedProject.
‘Transfer:ExistingEMPLOYERemployeewhohasbeenmovedfromoneProjecttoanotherProject.
Journeymanmeansaworkerwhohasattainedalevelofskill,abilitiesandcompetenciesrecognizedwithinanindustryashavingmasteredtheskillsandcompetenciesrequiredfortheoccupation.
RevisedEmploymentPlanmeansadocumentpreparedandsubmittedbytheEMPLOYERthatincludesthefollowing:
1.A projectionofthetotalnumberofhourstobeworkedontheProjectbytrade;
2. A projectionofthetotalnumberofjourneyworkerhours,bytrade,tobeworkedontheProjectandthetotalnumberofjourneyworkerhours,bytrade,tobeworkedbyDC residents;
3.A projectionofthetotalnumberofapprenticehours,bytrade,tobeworkedontheProjectandthetotalnumberofapprenticehours,bytrade,tobeworkedbyDCresidents;
4. A projectionofthetotalnumberofskilledlaborerhours,bytrade,tobeworkedontheProjectandthetotalnumberofskilledlaborerhours,bytrade,tobeworkedbyDC residents;
5. A projectionofthetotalnumberofcommonlaborerhourstobeworkedonthe
Page3of11 PatSourceEmploymentAgreementReedFbmary15,2018
ProjectandthetotalnumberofcommonlaborerhourstobeworkedbyDC residents;
6. A timetableoutliningthetotalhoursworkedbytradeoverthelifeoftheProjectand
anassociatedhiringschedule;
7.Descriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions;
8.AstrategytofillthehoursrequiredtobeworkedbyDC residentspursuanttothisparagraph,includinga componenton communicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,or othergovernment-approved,community-basedjobtraining
providers;
9. A remediationstrategytoameliorateanyproblemsassociatedwithmeetingthesehiringrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors;
10.Thedesignationofa seniorofficialfromtheEMPLOYER(S)orgeneralcontractor
‘whowillberesponsibleforimplementingthehiringandreportingrequirements;
11,DescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDCresidentsworkingontheProject;
12,A strategytoensurethatDistrictresidentswhoworkontheProjectreceiveongoing‘employmentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDCresidentsfromoneProjecttothenext;
13.A strategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiapubliccharterschools,andcommunity-basedjobtrainingproviders,andhard-to-employresidents;and

14.A disclosureofpastcompliancewiththeWorkforceActandtheDavis-BaconAct,whereapplicable,andthebidderorofferor'sgeneralDC residenthiringpracticesonprojectsorcontractscompletedwithinthelast2years.
Q. TierSubcontractormeansanysubcontractorselectedbytheprimarycontractortoperform.portion(s)orallworkrelatedtothetradeoroccupationarea(s)onaProjectsubjecttothisFirstSourceAgreement.
R.WashingtonMetropolitanStatisticalAreameanstheDistrictofColumbia;VirginiaCitiesof Alexandria, Fairfax,Falls Church, Fredericksburg,Manassas, and Manassas Park; the
VirginiaCountiesof Arlington,Clarke,Fairfax,Fauquier,Loudon,PrinceWilliam,
Spotsylvania,Stafford,andWarren;theMarylandCountiesofCalvert,Charles,Frederick,‘MontgomeryandPrinceGeorges;andtheWestVirginiaCountyofJefferson.
S. WorkforceIntermediaryPilotProgrammeanstheintermediarybetweenemployersandigproviderstoprovideemployerswithqualifiedDC residentjobapplicants.SeeDCOfficialCode§2-219.04b.

Page4 of11 FistSourceEmploymentAgreementRensedFebruary15,2018
1 GENERAL TERMS
Subjecttothetermsandconditionssetforthherein,DOESwillreceivetheAgreementfromtheContractingAgencynolessthan7calendardaysinadvanceoftheProjectstartdate.No‘workassociatedwiththerelevantProjectcanbeginuntiltheAgreementhasbeenacceptedby
DOES.
TheBeneficiaryand/orEMPLOYERshallrequireallProjectcontractorsandsubcontractors,underaProjectreceivinggovernmentassistanceorbenefitsvaluedat$300,000ormore,toenterintoanAgreementwithDOES.
Agreementwilltakeaffectoncebeneficiary/Employerawardedcontractandstartworkonthe government assistedProjectand no work can begin priorto execution of the Agreement
andwillbefullyeffectivethroughtheduration,anyextensionormodificationsoftheProjectand untilsuch time as constructioniscomplete and a certificateof occupancy isissued.
IfanEMPLOYERbeganworkpriortotheexecutionofa FirstSourceEmploymentAgreement,theEMPLOYERshallceaseworkontheProjectandsigna FirstSourceEmploymentAgreementtobeboundbytheapplicableFirstSourceEmploymentAgreementrequirements,retroactively,fromthestartofworkthroughoutthedurationofthecontract.
DOESwillproviderecruitment,referral,andplacementservicestotheEMPLOYER,subject.tothelimitationsinthisAgreement,
DOESandtheEMPLOYERagreethat,forpurposesofthisAgreement,newhiresandjobscreatedfortheProject(bothunionandnonunion)includeallofEMPLOYER'Sjobopenings
andvacanciesintheWashingtonMetropolitanStatisticalAreacreatedfortheProjectasaresultofinternalpromotions,terminations,andexpansionsoftheEMPLOYER'Sworkforce,asaresultofthisProject.
ThisAgreementincludesapprenticesasdefinedinD.C.OfficialCode§§32-1401-1431.
DOESwillmakeeveryefforttoworkwithinthetermsofallcollectivebargainingagreementstowhichtheEMPLOYER isaparty.TheEMPLOYER willprovideDOES with
writtendocumentationthattheEMPLOYERhasprovidedtherepresentativeofanycollectivebargainingunitinvolvedwiththisProjectacopyofthisAgreementandhasrequestedcommentsorobjections.Iftherepresentativehasanycommentsorobjections,theEMPLOYERwillpromptlyprovidethemtoDOES.

‘TheEMPLOYERwhocontractswiththeDistrictofColumbiagovernmenttoperformconstruction,renovationwork,orinformationtechnologyworkwithasinglecontract,orcumulativecontracts,ofatleast$500,000,withina12-monthperiodwillberequiredtoregisteranapprenticeshipprogramwiththeDistrictofColumbiaApprenticeshipCouncilas.requiredbyDCCode32-1431.

If,duringthetermofthisAgreement,theEMPLOYERshouldtransferpossessionofalloraportionofitsbusinessconcernsaffectedbythisAgreementtoanyotherpartybylease,sale,assignment,merger,orotherwisethisFirstSourceAgreementshallremaininfullforceandeffectandtransfereeshallremainsubjecttoallprovisionsherein,Inaddition,theEMPLOYERasaconditionoftransfershall:
1.NotifythepartytakingpossessionoftheexistenceofthisEMPLOYER'SFirstSourceEmploymentAgreement.
2. NotifyDOES within7businessdaysofthetransfer.Thisnoticewillincludethe
PageSof11 PatSourceEmploymenreement,RentedFebruary15,2018
nameofthepartytakingpossessionandthenameandtelephoneofthatparty'srepresentative.
1 TheEMPLOYERandDOESmaymutuallyagreetomodifythisAgreement.Anymodificationshallbe in writing,signed by the EMPLOYER and DOES and attached to the
originalAgreement.
J. TotheextentthatthisAgreementisinconflictwithanyfederallaborlawsorgovernmentalregulations,thefederallawsorregulationsshallprev

II TRAINING
A. DOESandtheEMPLOYERmayagreetodevelopskillstrainingandon-the-jobtrainingProgramsasapprovedbyDOES;thetrainingspecificationsandcostforsuchtrainingwillbemutuallyagreeduponbytheEMPLOYERandDOESandwillbesetforthinaseparateTrainingAgreement.
IV. RECRUITMENT
A. TheEMPLOYER shallcompletetheattachedRevisedEmploymentPlanthatwillincludethe
informationoutlinedinSectionLP.
B. TheEMPLOYERshallregisterandpostalljobvacancieswiththeJobBankServicesofDOESatwww.denetworks.orgaminimumof10days.Shouldyouneedassistancepostingjobvacancies,pleasecontactJobBankServicesat(202)698-6001.
C. TheEMPLOYERshallnotifyDOESofallnewjobscreatedfortheProjectwithinatleast7businessdays(Monday-Friday)oftheEMPLOYERS’identification/creationofthenewjobs.TheNoticeofNewJobCreationshallincludethenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformed.Thismustbedonebeforeusinganyotherreferralsource.
D. JobopeningstobefilledbyinternalpromotionfromtheEMPLOYER'Scurrentworkforceshallbe reportedtoDOES forplacementandreferral,ifthejobisnewlycreated.EMPLOYERshallprovideDOESaNoticeofNewJobCreationthatdetailssuchpromotionsinaccordancewithSectionIV.C.
E. TheEMPLOYERwillsubmittoDOES,priortocommencingworkontheProject,alistofCurrentEmployeesthatincludesthename,socialsecuritynumber,andresidencystatusofallcurrentemployees,includingapprentices,trainees,andlaid-offworkerswhowillbeemployed‘ontheProject.AllEMPLOYERinformationreviewedorgathered,includingsocialsecurity‘numbers,asaresultofDOES’monitoringandenforcementactivitieswillbeheldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
V. REFERRAL
A. DOES willscreenapplicantsthroughcarefullyplannedrecruitmentandtrainingeventsand
providetheEMPLOYERwitha listofqualifiedapplicantsaccordingtothenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformedassuppliedbytheEMPLOYERinitsNoticeofNewJobCreationsetforthaboveinSectionIV.C.
Page6of11 FistSourceEmploymentAgreementRevisedFebmary15.2018
B.DOESwillnotifytheEMPLOYERofthenumberofapplicantsDOESwillrefer,priortotheanticipatedhiringdates.
PLACEMENT
‘A.EMPLOYERshallingoodfaith,usereasonableeffortstoselectitsnewhiresoremployeesfromamongthequalifiedapplicantsreferredbyDOES.AllhiringdecisionsaremadebytheEMPLOYER.
B. IntheeventthatDOESisunabletoreferqualifiedapplicantsmeetingtheEMPLOYER'Sestablishedqualifications,within7 businessdays(Monday- Friday)fromthedateofnotificationfromtheEMPLOYER,theEMPLOYERwillbefreetodirectlyfillremainingpositionsforwhichnoqualifiedapplicantshavebeenreferred.However,theEMPLOYERshallstillberequiredtomeettheFirstSourcehiringrequirementsorhoursworkedpercentagesforalljobscreatedbytheProject.
C. AftertheEMPLOYERhasselecteditsemployees,DOESisnotresponsiblefortheemployees’actionsandtheEMPLOYERherebyreleasesDOES,andtheGovernmentoftheDistrictofColumbia,theDistrictofColumbiaMunicipalCorporation,andtheofficersandemployeesoftheDistrictofColumbiafromany liabilityforemployees’actions.

REPORTING REQUIREMENTS
‘A.EMPLOYERwithasinglecontractvaluedat$300,000ormoreonaProjectthatreceived‘governmentassistancetotalingbetween$300,000and$5,000,000,aprovisionthatatleast51%ofthenewemployeeshiredtoworkontheProjectshallbeDistrictresidents.
B.EMPLOYERshallregisterintheFirstSourceOnlineRegistrationandReportingSystemforelectronicsubmissionofallmonthlyContractCompliancedata,weeklycertifiedpayrollsandanyotherdocumentsrequiredbyDOESforreportingandmonitoring.
C, EMPLOYERshallsubmittotheDepartmentofEmploymentServiceseachmonthfollowingthestartoftheProjectahiringcompliancereportfortheProjectthatincludesthe:
Numberofnewjobopeningscreated/available;NumberofnewjobopeningslistedwithDOES,oranyotherDistrictAgency;
NumberofDCresidentshiredfornewjobs;
‘NumberofemployeestransferredtotheProject;
‘Number of DC residentstransferredto the Project;
Directorindirectlaborcostassociatedwiththeproject;Eachemployee'sname,jobtitle,socialsecuritynumber,hiredate,residence,andreferralsource;and8.Workforcestatisticsthroughouttheentireprojecttenure.
NAY e eNE
D. EMPLOYER with a singlecontractvalued at $300,000 or more on a Projectthat received
governmentassistancetotaling$5millionormoreshallmeetthefollowinghoursworkedpercentagesforalljobscreatedbytheProject:1.Atleast20%ofjourneyworkerhoursbytradeshallbeperformedbyDCresidents;2.Atleast60%ofapprenticehoursbytradeshallbeperformedbyDCresident3.Atleast51%oftheskilledlaborerhoursbytradeshallbeperformedbyDCresidents;and4,Atleast70%ofcommonlaborerhoursshallbeperformedbyDCresidents.

Page7of11 FiatSourceEmploymentAgreementReviedFabry15,2018
E.EMPLOYERSshallprovidethefollowingcumulativestatistics,thatwillbeusedtocreatethemonthlyreport,byuploadingcertifiedpayrollsorpayrolldataintotheLCPtrackerreportingsystem:1.NumberofjourneyworkerhoursworkedbyDCresidentsbytrade;Numberofhoursworkedbyalljourneyworkersbytrade;|.Numberofapprenticehoursworkedby DC residentsbytrade;
Numberofhoursworkedbyallapprenticesbytrade;NumberofskilledlaborerworkerhoursworkedbyDCresidentsbytrade;Numberofhoursworkedbyallskilledlaborersbytrade;‘Number of common laborerhours worked by DC residentsby trade;and
Numberofhoursworkedbyallcommonlaborersbytrade.

er
aweep
F, EMPLOYERmay“doublecount”hoursforthe“hardtoemploy”upto15%oftotalhoursworkedbyDC Residents;however,acollectivebargainingagreementshallnotbeabasisfor‘waiverofthisrequirement.
G.ForconstructionProjectsthatarenotsubjecttoDavis-Baconlawinwhichcertifiedpayrollrecordsdonotexist,EMPLOYER shallsubmitmonthlydocumentsofworkersemployedon
theProjecttoDOES,includingDC residentsandallemploymentclassificationsofhoursworked.
H. EMPLOYER may alsoberequiredtoprovideverificationofhoursworkedorhiringpercentagesofDC residents,suchasinternalpayrollrecordsforconstructionProjectsthatarenotsubjecttoDavis-Bacon.
1. Monthly,EMPLOYERshallsubmitweeklycertifiedpayrollsfromallsubcontractorsatanytierworkingontheProjecttotheContractingAgency.EMPLOYERisalsorequiredtomakepayrollrecordsavailabletoDOESasapartofcompliancemonitoring,uponrequestatjob
Vill.FINALREPORT AND GOOD FAITHEFFORTS
‘A.WiththesubmissionofthefinalrequestforpaymentfromtheContractingAgency,theBeneficiaryand/orEMPLOYERshall:
1,ReporttoDOESitscompliancewiththehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProject,andreportthehoursthatDCresidentsworkedforeachtradeclassificationsineachareaoftheProject;or
2. SubmittoDOESarequestforawaiverofthehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProjectthatwillincludethefollowing
documentation:a. DocumentationsupportingEMPLOYER'Sgood faithefforttocomply;, ReferralsprovidedbyDOESandotherreferralsources;and¢. AdvertisementofjobopeningslistedwithDOESandotherreferralsources.

B. DOES maywaiveorpartiallywaivethehiringorhoursworkedpercentagerequirementsfor
jobscreatedbytheProject,and/ortherequiredhoursofDC residentsforeachtradeclassifications,ifDOESfindsthattheBeneficiaryorEMPLOYER,includingitscontractorsor subcontractors:
1.DOEScertifiedthatBeneficiaryorEmployerdemonstratedagoodfaithefforttocomply,assetforthinSectionVIILC.;or
Page8of11 PintSourceEmploymentAgreementRevisedFebruary15,2018
2.IslocatedoutsidetheWashingtonMetropolitanStatisticalArea,andnoneofthecontractworkisperformedinsidetheWashingtonMetropolitanStatisticalArea;
3.Thebeneficiarypublishedeachjobopeningorpart-timeworkneededfor7calendardaysinaDistrictnewspaperofcity-widecirculation;and
4, TheDOEScertifiedthatthereareinsufficienteligibleapplicantsfromtheFirstSourceRegisterthatpossesstheskillsrequiredbythepositions,ortheeligibleapplicantsarenotavailableforpart-timeworkordonothaveameanstotraveltotheonsitejobs;or
5.Beneficiary/Employerenteredintoa specialworkforcedevelopmenttrainingorplacementarrangementwithDOESorwiththeDistrictofColumbiaWorkforceIntermediary.
C. DOESshallconsiderdocumentationofthefollowingwhenmakingadeterminationofa‘good-faithefforttocomply:
1,DOEShascertifiedthatthereareinsufficientnumberofDistrictresidentsinthelabormarketpossessingtheskillsrequiredbytheEMPLOYERforthepositionscreatedasaresultoftheProject.
2. Whether the EMPLOYER postedthe jobs on the DOES job website for a minimum
of10calendardays;
3. WhethertheEMPLOYERadvertisedeachjobopeninginaDistrictnewspaperwithcity-widecirculationforaminimumof7calendarday

4.WhethertheEMPLOYERadvertisedeachjobopeninginspecialandonspecialinterestmediaforaminimumof7calendardays;

terestpublications
5. WhethertheEMPLOYER hostedinformational/recruitingorhiringfairs;
6. WhethertheEMPLOYERcontactedchurches,unions,and/oradditionalWorkforceDevelopmentOrganizations;
7. WhethertheEMPLOYER interviewedemployablecandidates;
8. WhethertheEMPLOYERcreatedorparticipatedina workforcedevelopmentprogramapprovedbyDOES;
9. WhethertheEMPLOYERcreatedorparticipatedina workforcedevelopmentprogramapprovedbytheDistrictofColumbiaWorkforceIntermediary;
10.WhethertheEMPLOYERsubstantiallycompliedwiththerelevantmonthlyreportingrequirementssetforthinthissection;
11,WhethertheEMPLOYERhassubmittedandsubstantiallycompliedwithitsmostrecentemploymentplanthathasbeenapprovedbyDOES;and
12.Anyadditionaldocumentedefforts.
Page9 of11 PstSourceEmplymentAgreementRevisedFebriay15,2018
Ix
x.
D. DOESshallmonitorallProjectsasauthorizedbylaw.DOESwi
MONITORING
A. DOES istheDistrictagencyauthorizedtomonitorandenforcetherequirementsofthe
WorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2 219.01~2.219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03and§32-1431).Asapartofmonitoringandenforcement,DOESmayrequireandEMPLOYERshallgrantaccesstoProjectsites,employees,anddocuments.
.EMPLOYER'SnoncompliancewiththeprovisionsofthisAgreementmayresultintheimpositionofpenalties.
".AllEMPLOYER informationreviewedorgathered,includingsocialsecuritynumbers,asa
result of DOES’ monitoring and enforcement activitieswill be held confidential in
accordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.

1.ReviewallcontractcontrolstodetermineiftheBeneficiaryorEMPLOYER,includinganyContractorsor Subcontractors,aresubjecttotheWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011.
2.NotifystakeholdersandcompanyofficialsandestablishmeetingstoprovidetechnicalassistanceinvolvingtheFirstSourceProcess.
3. MakeregularconstructionsitevisitstodetermineifthePrimeorSubcontractors’‘workforceisinconcurrencewiththesubmittedAgreementandMonthlyComplianceReports.
4,Inspectandcopycertifiedpayroll,personnelrecordsandanyotherrecordsorinformationnecessarytoensuretherequiredworkforceutilizationisincompliancewith the FirstSource Law.
5. ConductdeskreviewsofMonthlyComplianceReports.
6. EducateEMPLOYERSaboutadditionalservicesofferedbyDOES,suchasOn-the-JobtrainingprogramsandtaxincentivesforEMPLOYERSwhohirefromcertaincategories.
7. Monitorandcompletestatisticalreportsthatidentifytheoverallproject,contractor,andsubcontractors’hiringorhoursworkedpercentages.
8. Provideformalnotificationofnon-compliancewiththerequiredhiringorhours
workedpercentages,oranyallegedbreachoftheFirstSourceLawtoallcontracting
agencies,andstakeholders.(Pleasenote:EMPLOYERS aregranted30daysto
correctanyallegeddeficienciesstatedinthenotification.)
PENALTIES
A. WillfulBreachoftheAgreementby theEMPLOYER,failuretosubmitthecontract
compliancereports,deliberatesubmissionoffalsifieddatamayresultinDOES imposinga
fineof5%ofthetotalamountofthedirectandindirectlaborcostsoftheProject,inadditiontootherpenaltiesprovidedbylaw.FailuretomeettherequiredhiringrequirementsorfailuretoreceivegoodfaithwaivermayresultintheDepartmentofEmploymentServices
Page10of11 FintSourceEmploymentAgrement,RevisedFebruary15.2018,
imposingapenaltyequalto1/8of1%ofthetotalamountofthedirectandindirectlaborcostsoftheProjectforeachpercentagebywhichthebeneficiaryfailstomeetthehiringrequirements.
B.EMPLOYERSwhohavebeenfoundinviolation2timesormoreovera10yearperiodmaybedebarredand/ordeemedineligibleforconsiderationforProjectsforaperiodofSyears.

C.Within90daysofa DeterminationofaPenalty,theBeneficiaryorEmployermayappealtheviolationsorfinesbyfilingacomplaintwiththeContractAppealsBoardinaccordancewithD.C. Code §2-360.03 and §2-360.04.
TherebycertifythatIhavetheauthoritytobindtheEMPLOYERtothisAgreementfromthestartofwork‘ontheProject,throughoutthedurationoftheProject,andagreetoalltermsandconditionsherein.

By:
Anthony Fernando 04/02/2025
EMPLOYER SeniorOfficial(Print) ~ Date

BefontBEMPLOYERSeniorOfficial(Signature)
Atmos Solutions,Inc.
‘NameofCompany
6856 Eastern Ave NW, Suite 205
Washington, DC 20012
Address
202-891-6959
Telephone
afernando@atmossolutionsinc.com
Email
Ye ZI/Z0ZS.
Date

Page11of1] FistSourceEmploymentAgreementRevisedFebruary18,2018
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
AlContractsbetween$300,000and$5million
REVISED FIRST SOURCE EMPLOYMENT PLAN
xi —
= —
1.
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION
DISTRICTCONTRACTINGAGENCY: 0¢DepartmentotGeneralServices
CONTRACTINGOFFICER:PeterHenytyongs
TELEPHONE NUMBER: 202-485-6538
TOTALCONTRACTAMOUNT: $1.156,285.00
EMPLOYERCONTRACTAMOUNT: $1.158.26500PROJECTNAME: ésict.auioservicesronkciisSw SPACETOSUPPORTSEATONELEMENTARYSCHOOLMOOERONZATION
PROJECTADDRESS:3008ventSteet,NW.
CITY:Washington STATE:0cZIPCODE:20001PROJECTDESCRIPTIONOFWORK:Desion-BuidServicesForPckobalCourimprovementsetMlpleLocations

PROJECTSTARTDATE:040472025 PROJECTEND DATE:93/1872028
EMPLOYER START DATE: 0404/2025 EMPLOYER END DATE: 911872028
EMPLOYER INFORMATION
EMPLOYERNAME:AimosSolitonsne.
COMPANY NAME: AtmosSolutions,nc.
EMPLOYERADDRESS:£858EestomAveNW,Suto205,
CITY:Weshingon STATE:DisictotCounbia__Z1PCODE: 20012
TELEPHONENUMBER:02)801-6959_ FEDERALIDENTIFICATIONNO.CONTACT PERSON: AnthonyS.Femando
‘TITLE:PresidentE-MAIL:eferendog@etmossolvionsinecom ‘TELEPHONENUMBER: 202)801-6950
EMPLOYERDESCRIPTIONOFWORK:Severe!Contractor
591908

GENERAL CONTRACTORWILL MEET THE HIRINGOR HOURS WORKED PERCENTAGESREQUIREMENTSFORENTIREPROJECT[-]OR PEREACHSUBCONTRACTOR(gu]
A. EMPLOYMENT HIRING PROJECTIONS
ALLEMPLOYERS;
PleaseindicateALLnewposition(s)youwillcreateasaresultoftheproject.IfyouWILLNOTbecreatinganynewemploymentopportunities,pleasecompletetheattachedjustificationsheetwithanexplanation.Attachadditionalsheetsasneeded.
‘#OFJOBS UNIONMEMBERSHIPREQUIRED| PROJECTEDF/T _P/T NAME LOCAL# HIREDATE,

* kk xe
— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —= —REVISED EMPLOYMENT PLAN
B.JUSTIFICATIONSHEET:PleaseprovideadetailedexplanationofwhytheEmployerwillnothaveanynewhiresontheproject.
AtmosSolutions,Inc.willbethegeneralcontractorandwillbesubcontractingallscopesofservicesfortheprojecttosubcontractors.We willrequireallsubcontractorstousebestfaitheffortstoemployDC residentsifhiringopportunitiesarise.

Thispagetobecompletedby Employer AF
EmployerInitials
February15,2018
C. EMPLOYMENT PROJECTIONS.
ll: *
*
*
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —
REVISEDEMPLOYMENTPLAN
Providea timetableoutliningthe51% HiringofDistrictResidentoverthelifeofthe project
orcontractand an associatedhiringschedule.
Atmos Solutions,Inc.isthe general contractorand willbe subcontractingall
scopes of service.
Providedescriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions.
AtmosSolutions,Inc.isthegeneralcontractorandwillbesubcontractingallscopes of service.
Providea strategytofillthe51%hiringofDistrictresidentsrequirement,includingacomponentoncommunicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,orothergovernment-approved,community-basedjobtrainingproviders.
Atmos willensure allsubcontractorshave sufficientworkforce to perform on the
projectand encourage them to outreach to the entitiesabove. Atmos willwork with
DOES to source candidates,and informsubcontractorsof upcoming DOES events
and otherlocalhiringevents.

ThispagetobecompletedbyEmployer re‘EmployerInitials
Fobruary15,2018
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*
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*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA,
REVISED EMPLOYMENT PLAN
C. EMPLOYMENT PROJECTIONS (Continued)
vit.
Thisstrategyshouldincludearemediationstrategytoameliorateanyproblemsassociatedwithmeetingthese51%HiringofDistrictResidentrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors.
Atmoswillensureallsubcontractorshavesufficientworkforcetoperformontheproject.Regularmeetingswithsubcontractorswillensuretimelyadjustmentsincludinghostingjobfairs,workingwithDOEStosourcecandidates,etc.
Thedesignationofa seniorofficialfromtheEmployerwhowillberesponsibleforimplementingthehiringandreportingrequirements.
Anthony S. Fernando - President
ProvidedescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDistrictresidentsworkingontheprojectorcontract.
N/A

Providea strategytoensurethatDistrictresidentswho work on theprojector contract
receiveongoingemploymentand trainingopportunitiesaftertheycompletework on thejob
forwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDistrictresidentsfromoneprojectorcontracttothenext.
Atmos willencourage allsubcontractorsprovideadequate trainingand/or potential
continued employment forallresidents.Additionally,we willoutreach to
subcontractorsthathas adequate subcontractwork.

‘ThispagetobecompletedbyEmployer a
Employsititle
a— GOVERNMENTOFTHE DISTRICTOFCOLUMBIA,
K.
+
*
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*
REVISED EMPLOYMENT PLAN
Providea strategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiaPublicCharterSchools,community-basedjobtrainingproviders,andhard-to-employ residents.
Atmos willencourageallsubcontractorstoreachouttolocalworkforceprovidersto
source talentas needed

PleasedisclosepastcompliancewiththeFirstSourceEmploymentAgreementActof1984ortheWorkforceIntermediaryEstablishmentandReformofFirstSourceAmendmentActof
2011 and the Davis-BaconAct,where applicable,and thebidderor offeror'sgeneralDistrict-
residenthiringpracticesonprojectsorcontractscompletedwithinthelasttwo(2)years.
801 Men'sShelter
RFK Asbestos Abatement
PleasenotethatEMPLOYERSwithconstructionprojectsmustmakepayrollrecordsavailableuponrequestatjobsitestothecontractingDistrictofColumbiaagency.
Atmos willensure allcertifiedpayrollsare submitted timely.

‘ThispagetobecompletedbyEmployer
EmployerInitials
Fobruary15,2018
* ok x kk— —— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —
REVISED EMPLOYMENT PLAN
CURRENT EMPLOYEES:Pleaselistthenames,residencystatusandwardinformationofallcurrentemployees,includingapprentices,trainees,andtransfersfromotherprojects,whowillbeemployedontheProject.Attachadditionalsheetsasneeded.
NAME OF EMPLOYEE ‘CURRENT DISTRICT
RESIDENT
PleaseCheck

Department of Ger
202-345-6538
|$1,156,265.00

President

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Page 132 of 102

Exhibit W
Award Fee Pool

Award Fee Determination. The Design-Builder shall be entitled to the At-Risk Portion
as follows:

a) If the Design -Builder achieves Substantial Completion of the Project on time , the
Design-Builder shall be entitled to receive fifty percent (50%) of the At Risk Portion (i.e.
15% of the Design-Build Fee). Entitlement to this portion of the Award Fee Pool shall be
based on the final outcome of the Project and the Project has been successfully turned over
to the District. For the avoidance of doubt, the Design-Builder shall not be entitled to earn
such portion of the Award Fee Pool even if the failure to deliver on -time was caused by
DCPS, the Department, delays resulting from the permitting or zoning process, or an event
of Force Majeure.

b) If the Design -Builder achieves Final Completion of the Project on time, the Design -
Build Fee and the final amount due to the Design-Builder (inclusive of the Preconstruction
Fee, the Design Budget, the earned portions of the Award Fee, the Base Design-Build Fee
and the Lump Sum General Conditions Cost) is less than one hundred three percent (103%)
or the Project Budget unless changed by the direction of DGS , the Design-Builder shall
earn fifty percent ( 50%) of the At-Risk Portion (i.e. 1 5% of the Design -Build Fee).
Entitlement to this portion of the Award Fee Pool shall be based on the final outcome of
the Project. For the avoidance of doubt, the Design -Builder shall not be entitled to earn
such portion of the Award Fee Pool even if the fa ilure to deliver within the (103%) cost
goal was caused by DCPS, the Department, delays resulting from the permitting or zoning
process, or an event of Force Majeure.

Page 133 of 102

Exhibit X
Schedule of Value

PROJECT NAME:
BUILDING NUMBER:
SOLICITATION NO.:
PROJECT MANAGER:
CONTRACTOR NAME: 10/27/2025
DIVISION NUMBER PROJECT TOTAL
Division 00
Division 01 92,050.00$
Division 01 (b) -$
Division 02 619,339.00$
Division 03 -$
Division 04 -$
Division 05 -$
Division 06 -$
Division 07 709,428.00$
Division 08 (a) 1,957,867.82$
Division 09 (a) -$
Division 09 (b) -$
Division 09 (c) -$
Division 10 -$
Division 11 -$
Division 12 -$
Division 13 -$
Division 14 -$
Division 21 -$
Division 22 -$
Division 23 -$
Division 25 -$
Division 26 731,650.00$
Division 27 -$
Division 28 -$
Division 31 -$
Division 32 -$
Division 33 -$
Division 34 -$
Division 35 -$
Division 40 -$
Division 41 -$
Division 42 -$
Division 43 -$
Division 44 -$
Division 45 -$
Division 46 -$
Division 48 -$
-$
4,110,334.82$
61,655.02$
799,665.00$
446,325.00$
150,000.00$
250,000.00$
357,600.00$
-$
208,599.49$
6,384,179.33$
6,384,179.33$
PERMIT ALLOWANCE
OWNER DIRECTED ALLOWANCE
GENERAL CONDITIONS
100,000.00$
50,000.00$
95,000.00$
20,025.00$
346,325.00$
100,000.00$
155,000.00$
337,575.00$
KC Lewis Swing Space
300 Bryant St. NW Washington, DC 20001
DCAM-25-CS-RFP-0001
DIVISION NAME LETTER/NTP CONTRACT ESA#1
General Requirements
SUMMARY BID SHEET
DATE:Atmos Solutions Inc
Procurement & Contracting Requirements $ - $ -
92,050.00$
Savin Liyanage
-$
Conveying Equipment
Fire Suppression
Plumbing
Heating, Ventilating, and Air Conditioning (HVAC)
Integrated Automation
Electrical
Window Replacement
Drywall & Ceiling
Specialties
Playground Equipment
Furnishings - Kitchen Equipment
Special Construction
Flooring
Painting
General Requirements - Moving & Swing Space
Concrete
Masonry
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$ Metals
Rough Carpentry - Millwork
Roofing Replacement
Existing Conditions-Demo & Abatement
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
709,428.00$
1,957,867.82$
-$
Pollution and Waste Control Equipment
-$
-$
-$
-$
-$
-$
-$
-$
-$
Waterway and Marine Construction
Utilities
Transportation
-$
-$
-$
Water and Wastewater Equipment
-$
DESIGN-BUILD FEE
-$
731,650.00$
-$
-$
Process Integration
Material Processing and Handling Equipment
Process Heating, Cooling, and Drying Equipment
Process Gas and Liquid Handling, Purification and Storage
Equipment
-$
-$
-$
Low Voltage
Fire Alarm
Earthwork
Exterior Improvements - Fencing
-$ CONSTRUCTION & DESIGN CONTINGENCIES COST
Sub-Total
Allowances -$ - $
-$
-$
-$
69,690.00$
61,655.02$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Industry-Specific Manufacturing Equipment
TOTAL 995,000.0 0$ 5,389,179.3 3$
-$ 619,339.00$
-$
-$
-$
PROJECT TOTAL
-$
4,110,334.82$
TOTAL DESIGN FEE
BOND-1.5%
OH&PROFIT
729,975.00$
-$
-$
Electrical Power Generation
208,599.49$

Page 134 of 102

Exhibit Y
Campaign Finance Reform Act, Contractor Self-Certification

DGS BUILD =
MAINTA
SUSTAIN
CONTRACTOR SELF-CERTIFICATION

BusinessName*:Atos Solutions,Inc. TaxID*; 83-1591304
BusinessMailingAddress*:6856EasternAveNW,Suite205

SelectState/Region:_Washington,DC PostalCode:_20012
Listthenameandtitleoftheindividualcompletingtheformonbehalfofthebusiness.
BusinessTitle*: ChiefOperatingOfficer
‘Name*: BrianButler
Email*; bbutler@atmossolutionsine.com
D.C.Law22-250.CampaignFinanceReformAmendmentActof2018.|D.C.LawLibrary(decouncil.gov)
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)theMayor,(ii)anycandidateforMayor,(iii)anypoliticalcommitteeaffiliatedwiththeMayor
ora candidateforMayor,or(iv)anyconstituent-serviceprogramaffiliatedwiththeMayor? [yef{no]]

Ifyes,pleaseprovidethefollowinginformation(foreachcontribution):
Dateof contribution:
Amountofcontribution:

Recipientofcontribution:
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)year
priortothedatethecontributionwasmade?Ifyes,pleaseprovideawarddateanddurationofthecontract(s)
No
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadea politicalcontributiontoanyof
thefollowing:(i)theAttorneyGeneral,(ii)anycandidateforAttorneyGeneral,or(ii)anypoliticalcommitteeaffiliatedwiththeAttorneyGeneralotacandidateforAttomeyGeneral?[yeTOT]
Ifyes,providethefollowinginformation(foreachcontribution):
Dateofcontribution:
Amountofcontribution:
Recipientofcontribution:

= DepartmentofGeneralServices3824MinnesotaAvenue,NE,WashingtonD.C.20018 f=
Dyers]SUILD=SUSTAIN
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)year
priortothedatethecontributionwasmade?Ifyes,pleaseprovidetheawarddateanddurationofthecontract(s).

No
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)anyCouncilmember,(ii)anycandidateforCouncilmember,(iii)anypoliticalcommitteeaffiliatedwithaCouncilmemberora candidateforCouncilmember,or(iv)anyconstituent-serviceprogramaffiliatedwithaCouncilmember?[yefno]]

Ifyes,providethefollowinginformation(foreachcontribution):
Date of contribution:
Amount of contribution:
Recipientof contribution:
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)year
priortothedatethecontributionwasmade?Ifyes,pleaseprovidetheawarddateanddurationofthecontract(s)..
No .
PriortothedateofthisCertification,hasthebusinessentitybeendeterminedtobeinviolationofD.C.OfficialCode§1-1163.34a?[yes
Ifyes,pleaseexplainincludinganyresolution.
Isthebusinessentitycurrentlyinviolationof D.C. OfficialCode § 1-1163.34a?[yesfno]]
Ifyes,pleaseexplainincludinganyresolution.
DoesthebusinessentitycertifythatitwillnotbeinviolationofD.C. OfficialCode§ 1-1163.34a?[[yes}no}
“Principal”—anyseniorofficerofa businessentity,includinganownerorco-owner,president,chiefexecutiveofficer,chiefoperatingofficer,chieffinancialofficer,treasurer,member,partner,orsimilarpositionwhicheithersetsorisauthorizedtosetorotherwiseinfluencestheoverallstrategyofthebusinessentity.A deanofaneducationalinstitutionisnota“principal”withinthemeaningofthisdefinition.Apersonwhoseonlypositionatthebusinessentityisasaboardmemberisnota“principal”withinthemeaningofthisdefinition.
Providethenamesandtitlesofallthecompanyprincipals(useadditionalsheetsifrequired)
1.AnthonyFernando,President
2. MekkaBolling;ExecutiveVicePresident -

= DepartmentofGeneralServices3924MinnesotaAvenue,NE,WashingtonD.C.20019 fe
DGS BUILD ==
MAINTAIN
SUSTAIN
Who elsewillmodify thiscertificationforthebusiness?
Modifier 1
Modifier 2:
Checktocertifythattheinformationisaccurateandcomplete.* &
Checktoacknowledgethatthebusinessmustalwayskeeptheserecordsupdated*

Checktocertifythatthebusinessentitycurrentlyisnotandwillnotbeinviolationofthe
‘CampaignFinanceReformAmendmentActof2018* Fa]
Onbehalfofthe<<
rianButler 11/14/2025
Name& Signature Date

‘Sworntothisbeforeme this{4/dayof _A\/ving 20.
Notarypublic

= DepartmentofGeneralServices3924MinnesotaAvenue,NE,WashingtonD.C.20019