Proposed Contract with MCN Build, Inc. to Contract No. DCAM-23-CS-RFP-0035

MURIELBOWSERMAYOR
December16,2025
TheHonorablePhilMendelson
Chairman
Councilof theDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW, Suite504
Washington,DC 20004
DearChairmanMendelson:
Pursuanttosection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-204,51)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposedModificationNo.1toContractNo.DCAM-23-CS-RFP-0035withMCN Build,Inc.Ifapproved,ModificationNo.1willincreasethecontract’snot-to-exceedamountby$20,333,753,from$4,211,130to$24,544,883.
TheunderlyingcontractwasdeemedapprovedbytheCouncilonDecember27,2024,asCA25-
1149,asanearlystartagreementtocompletetheinitialphaseofconstructionoftheDouglassCommunityCenterandPool.
UnderproposedModificationNo.1,MCB Build,Inc.willprovideallservicesnecessarytocompleteconstructionoftheDouglassCommunityCenterandPool.‘Thesubstantialcompletion
dateoftheprojectisJanuary11,2027.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposed
contract.Tofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactXavierBeltran,
InterimChiefProcurementOfficer,DGS,at(202)340-6358.
1lookforwardtotheCouncil’sfavorableconsiderationofthiscontractmodification.
Singerely,
MurielBawser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of General Services

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

COUNCIL CONTRACT SUMMARY
(Standard)

Modification No. 1 for Design-Build Services for Construction of New Douglass Community
Center Building & Pool

(A) Contract Number: DCAM-23-CS-RFP-0035
Modification No. 1

Proposed Contractor: MCN Build, Inc.

Proposed Contractor’s Principals: Joseph Khoury
Executive Vice President

Contract Amount: $24,544,883.00 (Guaranteed Maximum Price
(“GMP”) inclusive of the initial NTE amount of
$990,000.00 under the Letter Contract
$4,211,130.00 under the Early Start Agreement
(“ESA No. 1”)

Proposed Modification No. 1: $20,333,753.00

Proposed Total Contract Amount: $24,544,883.00
(GMP):

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

Term of Contract: April 24, 2024 (date of execution of the Letter
Contract by the Department), through June 11, 2027
(Administrative Term Date) with a Substantial
Completion Date of January 11, 2027, and a Final
Completion Date of April 12, 2027

Type of Contract: Cost-Plus fixed fee with Guaranteed Maximum
Price
2

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:

Not applicable.

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

The Project scope generally includes the demolition of the existing community center and pool house
to be replaced with a new combination community center and pool house constructed with mass
timber. The exterior amenities sitting on five acres include a new athletic field for all DC youth sports,
playgrounds for all ages, outdoor basketball courts, picnic areas, a splash pad adjacent to the existing
outdoor pool, community garden, walking paths, and handicapped parking. The P roject will also
include upgrading the existing pool house with new equipment.

The Department now seeks Council’s approval to execute the proposed Modification No. 1. If
approved, it would authorize the Contractor to proceed with the remaining portion of the work. The
GMP increase will cover the construction cost of a 12,800 Square Feet community center, along with
the key site features such as a splash pad, playground, outdoor fitness area, community gardening
space, picnic areas, full-site landscaping, and a geothermal system, all thoughtfully incorporated into
the overall project design.

As the proposed amount of Modification No. 1 exceeds $1 million, Council approval is required for
this contract action.

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

The underlying Contract was competitively bid and previously submitted to and approved by the
Council as CA25-1149 on December 27, 2024.

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

The award of the Contract was not protested.

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

The Contractor is currently involved in the below District projects:
3

• Construction Management At -Risk (“CMAR”) Services Fort Lincoln Park and New
Recreation and Early Childhood Education Center;
• Design Build Services for Tubman ES Modernization;
• Design-Build Services for MacArthur High School Expansion;
• Design-Build Services For Construction Of New Douglass Community Center Building &
Pool;
• Design-Build Agreement For Martin Luther King Jr. Elementary School Modernization;
• Construction Management At-Risk Services for the Modernization of the Jelleff Recreation
Center;
• Design-Build Services for Whittier Elementary School Modernization & Modular Campus;
• Design-Build Services for Hart Middle School Modernization & Internal Swing;
• Design-Build Services for Chisholm Elementary School Modernization; and
• Design-Build Services for Bunker Hill Elementary School Modernization.

The Contractor is seeking below District projects:

• Construction Management At-risk Services for Metropolitan Police Department 7th District
New Headquarters and Parking Facility; and
• Simon Elementary School Modernization.

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

MCN Build, Inc., is a Certified Business Enterprise (“CBE”) with more than 150 school projects in
its portfolio, including more than 45 major projects for the Department and more than 14 park and
recreational projects. MCN Build, Inc., has spent the past 16 years transforming community spaces
in the District into cutting-edge public facilities. In 2009, MCN Build, Inc., modernized its first DGS
project, the Harriet Tubman Elementary School – the largest elementary school in the DC Public
School system at th at time. MCN Build, Inc., has delivered more than 45 major state -of-the-art,
dynamic facilities for DGS and DPR combined. The Contractor has been determined responsible in
accordance with 27 DCMR § 4706.1.

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

The Contractor is a certified small business enterprise in accordance with the Act (CBE Number:
LR65116012028). Notwithstanding the foregoing, the Contractor has certified that it will subcontract
a portion of the Contract amount to SBE/CBE’s that are certified by DSLBD, as follows, as required
by law:

4

Contract’s GMP Amount: $24,544,883.00
Subcontracting Requirement %: 35%
Self-performing value: $16,478,192
Subcontracting Plan Required Dollar Value: $2,823,341.85
Subcontracting Plan Actual Dollar Value: $8,066,691.00

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

The Contractor will be required to provide any and all construction services for the D esign-build
Services for Construction of New Douglass Community Center Building & Pool to meet the
Department’s programmatic requirements. and complete the Project no later than January 11, 2027
(“Substantial Completion Date”). The Contractor’s performance will be monitored by DGS staff and
DGS’ designated Program Manager. Additionally, the Contractor must adhere to the terms and
conditions of the Standard Contract Provisions for Construction Contracts.

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

The underlying Contract was approved by the Council as CA25- 1149 on December 27, 2024, with
the NTE amount of $4,211,130.00 (inclusive of the initial NTE amount of $990,000 under the Letter
Contract, which was executed on April 24, 2024).

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

The Office of the Chief Financial Officer has certified that the Contract’s proposed Modification No.
1 amount is consistent the Department’s budget and that adequate funds are available in the
Department’s budget in accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02. The
applicable Fiscal Sufficiency certification accompanies this Council Package.

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

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

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

5

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

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

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

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

According to the DSLBD website, the Contractor is a certified Local, Small, or Disadvantaged
Business Enterprise. The Contractor’s CBE certification number is LR65116012028, with an
expiration date of January 28, 2028.

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

None.

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

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

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

Not applicable.

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

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

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

The original solicitation and any amendments were posted on the Department’s website.
6

(U) (1) A certification that the proposed contractor has been determined not to violate 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.

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Docusign Envelope ID: 5E63BBBF-8974-4E63-B9EA-847BA8E1FB8B
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

Memorandum

To: Delano Hunter
Director, Department of General Services

From: Antoinette Hudson Beckham
Agency Fiscal Officer

Reference: Modification No. 1 to DCAM-23-CS-RFP-0035 – Design-Build
Services for Construction of New Douglass Community Center Building
& Pool

Date: December 3, 2025

Subject: Fiscal Sufficiency Certification

In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby state that the proposed Modification No. 1 to the Contract for Design-Build
Services for Construction of New Douglass Community Center Building & Pool (DCAM-23-CS-
RFP-0035) (the “Contract”) with MCN Build, Inc. (the “Contractor”), in the amount of
$24,544,883.00 is consistent with the Department’s current budget and that adequate funds are
available in the budget for the expenditure.

Per the Department of General Services Contracts & Procurement team (“C&P”), the underlying
Contract was deemed approved by the Council on December 27, 2024, as CA25-1149, executed by
the Department on January 27, 2025, and with the Not to Exceed (“NTE”) amount of $4,211,130.00,
as an Early Start Agreement (“ESA”) No. 1 for the initial phase of the construction of the new
Douglass Community Center Building & Pool, inclusive of the initial NTE amount of $990,000.00,
under the Letter Contract. C&P further states, if approved, the proposed Modification No. 1, in the
amount of $20,333,753.00, would increase the Contract’s NTE and establish the final Guaranteed
Maximum Price (“GMP”), in the amount of $24,544,883.00 ($4,211,130.00 + $20,333,753.00). As
the proposed amount of the Modification is $1 million or more, Council approval is required for this
Contract action.

While funding in the amount of $20,333,753.00 is approved for capital-eligible items only, Exhibit H
identifies $257,140.00 in non-capital-eligible items. See the Non -Capital Expenditure column. These
items are ineligible for capital expenditure under District guidelines. The goods and services associated
with the non-capital eligible items are needed in FY 2027. No purchases, commitments, or expenditures
for these items may occur until operating funds become available and a purchase order is issued for the
same amount. The Contractor shall not perform any work related to these non-capital items unless
expressly authorized in advance, in writing, by a duly authorized DGS Contracting Officer through a
formal contract modification. Unless and until such modification is executed, the Contractor is limited
to capital-funded purchase orders (“POs”) totaling $20,076,613.00 for the capital- eligible work
authorized under this contract modification. For the avoidance of doubt, if the Contractor performs any
work associated with the ineligible items totaling $257,140.00, as outlined in Exhibit H, without prior

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

written authorization from a duly authorized DGS Contracting Officer, the Contractor does so at its own
risk.

The Department of General Services (DGS – Implementing AGY) has $24,544,883.00 in the
Department of Parks and Recreation (HA0 - Owner AGY) cumulative capital budget authority balance.

The PASS information is below/attached:

Project Name Project Number AY Fund Detail Imp.
AGY
Owner
AGY
RK/PO Amount Comments
(AM0.QK438C.D
OUGLAS
RECREATION
CENTER)
100170 N/A 3030300 AM0 HA0 PO706951 $990,000.00 Letter Contract – part of
approved $4,211,130.00
(AM0.QK438C.D
OUGLAS
RECREATION
CENTER)
100170 N/A 3030300 AM0 HA0 PO721485 $1,727,845.40 Mod. ESA No. 1 FY25
Capital part of
$3,221,130.00 – Part of
approved
$4,211,130.00
(AM0.QK438C.D
OUGLAS
RECREATION
CENTER)
100170 N/A 3030300 AM0 HA0 PO721484 $1,493,284.60 Mod. ESA No. 1 FY25
Operating part of
$3,221,130.00 – Part of
approved
$4,211,130.00
(AM0.QK438C.D
OUGLAS
RECREATION
CENTER)
100170 N/A 3030300 AM0 HA0 RK317910 $20,076,613.00 GMP (Capital part of
Proposed
$20,333,753.00)
(AM0.QK438C.D
OUGLAS
RECREATION
CENTER)
100170 N/A 3030300 AM0 HA0 RK317914 $257,140.00 GMP Proposed
(Ineligible part of
Proposed
$20,333,753.00)
Reverse capital paygo to
operating
reprogramming to be
submitted for approval
in FY27

Total $24,544,883.00

_______________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

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

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Modification No. 1 to Contract No. (DCAM-23-CS-RFP-0035) Design-
Build Services for Construction of New Douglass Community Center Building &
Pool

Contractor: MCN Build, Inc.

DATE: December 3, 2025
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced proposed Modification No. 1
to Contract No. DCAM -22-CS-RFP-0035 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

X
12. Accounting and Appropriation Data (If Required)
1
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT: Contractor is not, is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Contract No. DCAM-23-CS-RFP-0035
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
16C. Date Signed
15A. Name and Title of Signer (Type or print)
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
X
16A. Name of Contracting Officer
Joseph Khoury Suzi Tabot
C. This supplemental agreement is entered into pursuant to authority of:
Contract No. DCAM-23-CS-RFP-0035 - Design-Build Services for Construction of New Douglass Community Center Building & Pool is hereby
modified as follows:
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
5. Release. It is mutually agreed that in exchange for this Change Order and other considerations, the Contractor hereby releases, waives, settles and
holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time,
additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in
the future against the Department arising from or out of, as consequences or result of, relating to or in any manner connected with this Change Order,
the above-referenced Project, and the Contract work.
1. Guaranteed Maximum Price: The Design Development Documents required in the Contract are now complete. As a result, the Contractor has
established the Guaranteed Maximum Price ("GMP”) of $24,544,883.00; as detailed in the GMP Amendument No. 1 (Attachment A); provided,
however that the Contract shall not obligate or expend more than $24,544,883.00 until authorized in writing by subsequent modification executed by
a Contracting Officer. Accordingly, the Not-to-Exceed ("NTE") amount of the Contract is hereby increased by $20,333,753.00 from $4,211,130.00
to $24,544,883.00.
While funding in the amount of $24,544,883.00 is approved for capital-eligible items only, (Exhibit H) identifies $257,140.00 in non-capital-eligible
items. See the Non-Capital Expenditure column. These items are ineligible for capital expenditure under District guidelines. The goods and services
associated with the non-capital eligible items are needed in FY 2026. No purchases, commitments, or expenditures for these items may occur until
operating funds become available and a purchase order is issued for the same amount. The Contractor shall not perform any work related to these non-
capital items unless expressly authorized in advance, in writing, by a duly authorized DGS Contracting Officer through a formal contract
modification. Unless and until such modification is executed, the Contractor is limited to capital-funded purchase orders (“POs”) totaling
$24,544,883.00 for the capital-eligible work authorized under this contract modification. For the avoidance of doubt, if the Contractor performs any
work associated with the ineligible items totaling $257,140.00, as outlined in (Exhibit H), without prior written authorization from a duly authorized
DGS Contracting Officer, the Contractor does so at its own risk.
4. Administrative Term Date: The Administrative Term Date is hereby extended from January 20, 2027, to June 11, 2027.
2. Substantial Completion Date: The Substantial Completion Date is hereby extended from July 17, 2026, to January 11, 2027.
3. Final Completion Date: The Final Completion Date is hereby extended from July 24, 2026, to April 12, 2027.
(Signature of person authorized to sign) (Signature of Contracting Officer)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
solicitation and this amendment, and is received prior to the opening hour and date specified.
MCN Build, Inc. 15C. Date Signed 16B. District of Columbia
DCAM-23-CS-RFP-0035
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.
Contract POC: Ajmal Solamal (ajmal.solamal@dc.gov)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
MCN Build, Inc
1214 28th Street NW
Washington, DC 20007
Attn: Joseph Khoury
10B. Dated (See Item 13)
April 24, 2024
joseph@mcnbuild.com
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
1. Contract Number
MODIFICATION OF CONTRACT
Page of Pages
DCAM-23-CS-RFP-0035 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 1 See Block 16C
PR-016204
RK317910
RK317914
Design-Build Services for
Construction of New Douglass
Community Center Building &
Pool
2. Modification Number
12/3/25

(Continuation)
Page of Pages
17. Contract Recap:
$990,000.00
$0.00
$0.00
Definitive Contract:
$3,221,130.00
20,333,753.00$
Guaranteed Maximum Price $24,544,883.00
Modification No.
2 of 2Modification No. 1DCAM-23-CS-RFP-0035
Contract No.
Letter Contract Executed on April 24, 2024
Administrative - No-Cost Time Extension
Administrative - No-Cost Time Extension
Modification No. 1
Modification No. 2
Early Start Agreement ("ESA") No. 1 Executed on January 27, 2025
Modification No. 1 Guaranteed Maximum Price
Established with the NTE of $24,544,883.00

GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGIN-BUILD SERVICES FOR CONSTRUCTION OF NEW DOUGLASS
COMMUNITY CENTER BUILDING & POOL

THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is entered into by
and between the DISTRICT OF COLUMBIA GOVERNMENT, acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department”) and MCN BUILD, INC., (the
“Design-Builder”) pursuant to the Agreement, dated January 27, 202 5, between the District of
Columbia government, by and through the Department and the Design- Builder, for Design -Build
Services for Construction of New Douglass Community Center Building & Pool and to establish a
Guaranteed Maximum Price and Contract Time for the Work as set forth below.
ARTICLE I GUARANTEED MAXIMUM PRICE

Section 1.1 Guaranteed Maximum Price. Subject to additions and deductions which
may be made only in accordance with the Agreement, the Design-Builder represents, warrants and
guarantees to the Department that the total maximum cost to be paid by the Department for Design
Builder’s 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
Twenty-Four Million Five Hundred Forty-Four Thousand Eight Hundred and E ighty-Three
Dollars ($24,544,883.00) ("Guaranteed Maximum Price"). The GMP includes capital ineligible
items per Section 1.8 of this GMP Amendment and Exhibit H in the amount of $257,140.00.
Costs which would cause the Guaranteed Maximum Price (as may be adjusted pursuant to the
Contract Documents) to be exceeded shall be paid by the Design-Builder without reimbursement
by the Department.

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

1.2.1 the Cost of the Work for full and complete performance of the Work in
strict accordance with the Contract Documents;
1.2.2 a Pre-Construction Fee for the Design-Builder, as defined in the Agreement, in
the amount of $65,250.00;
1.2.3 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in
the amount of $725,000.00;
1.2.4 a Lump Sum General Conditions, as defined in the Agreement, in the amount of
$1,106,250.00;
1.2.5 a Design Fee in the amount of $2,100,000.00; and
1.2.6 The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibits A-H attached hereto.

1.3.1 Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in
accordance with the Contract Documents listed and attached to this Amendment and marked
Exhibits A through F, as follows:

1.3.2 Exhibit A: A list of drawings, specifications, addenda, general, supplementary, and
other conditions on which the Guaranteed Maximum Price is based.

1.3.3 Exhibit B: A list allowances.

1.3.4 Exhibit C: Assumptions and clarifications made in preparing the GMP Proposal,
noting in particular any exclusions. The assumptions and clarifications shall take precedence over
the drawings and specifications. The Design -Builder shall prepare a separate memorandum th at
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.

1.3.5 Exhibit 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.
1.3.6 Exhibit 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.

1.3.7 Exhibit F: A subcontracting plan setting forth the names and estimated dollar
volume of the work that will be perform by LSBDEs, as certified by the Department of Small and
Local Business Development (DSLBD), upon which the GMP is based.

1.3.8 Exhibit G: Campaign Finance Reform Act, Contractor Self Certification.

1.3.9 Exhibit H: A summary of Capital Cost vs Operating Cost Eligibility.

Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the Department
acknowledge that the Drawings and Specifications are not complete and, as of the date hereof, that
such Drawings and Specifications have reached the level of approximately 100% complete permit
set 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. The 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 Guaranteed
Maximum Price is based on the current state of the design, which represents 100% percent
complete permit set documents. The GMP Basis Documents will include various clarifications
and assumptions that are intended to further define the scope of Work that will be required to
complete design. The Design-Builder has included within the Guaranteed Maximum Price
sufficient amounts to cover aspects of the Work that are not shown on the GMP Basis
Documents. If the Department does not approve any such scope increase, the Design-Builder
shall cause the Architect to develop a design that is consistent with the original design intent
and shall complete the Work for an amount that does not exceed the GMP.
Section 1.6 Cost Overruns. Subject to additions or deductions which may be made
in accordance with the Agreement, the Design-Builder shall be solely liable and responsible for
and shall pay any an d all costs, fees and other expen ditures in excess of the Guaranteed
Maximum Price for and/or relating to the Work, without entitlement to reimbursement from the
Department. Design-Builder shall not be entitled to any fee, payment, compensation or
reimbursement under this Agreement or r elating to the Work or Project other than as
expressly provided in the Agreement.
Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit Price
Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted in
the Guaranteed Maximum Price ("Allowance I tems"). 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 I tems,
including, without limitation, costs of materials, labor, handling, transportation, loading and
unloading and installation, as determined by Design-Builder.
Section 1.8 Capital Eligibility . While a total amount of $24,544,883.00 is being
certified for capital-eligible items only, there is an ineligible amount of $257,140.00, listed in
Exhibit H of the contract. See the non- capital column and associated items. These items are
ineligible for capital expenditure, per the District Capital Guid elines. The g oods/services
are needed in FY2026. There should be no purchases, commitments, or expenditures for these
items until operating funds are available, via a purchase order for the same amount.
ARTICLE 2
INTENT, INTERPRETATION AND CORRELATION
Section 2.1 Intent of t he Agreement. The intent of the Agreement is for the Design-
Builder to perform and supply, and the Department hereby engages Design-Builder to and Design
Builder hereby agrees to perform and supply, the Work, including all necessary design services,
scheduling, procurement, supervision, construction, and construction management services and
supply all necessary labor, materials, equipment and related work and services necessary to fully
complete the Work and obtain the intended results of the Contract Documents, including, but
not limited to the requirements of the Project Schedule and the Guaranteed Maximum Price
requirements set forth in Article 1 above. The enumeration of particular items in the Specifications
and/or Drawings shall not be construed to exclude other items. The Contract Documents
are complementary, and what is required by any one of the Contract Documents (including
either a Drawing or Specification) as being necessary to produce the intended results shall be
binding and required as a part of the Work as if required by all Contract Documents.
S
ection 2.2 Design-Builder’s Compliance with Contract Documents. Design-Builder

agrees, accepts and assumes that the Department's decision will require implementation of the
most stringent requirements among any conflicting provisions of the Contract Documents as
being part of the Work. The Design- Builder agrees to be bound by all dec isions by the
Department to implement the most stringent of any conflicting requirements within the Contract
Documents. Any failure by Design-Builder to seek such clarifications shall in no way limit the
Department's ability to require implementation, including replacement of installed Work at a later
date at Design Builder's sole expense, to achieve compliance with the more stringent
requirements. Without limiting the generality of the foregoing, the Design-Builder hereby agrees
as follows:

2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any option herein conferred, shall
not be construed as a waiver or relinquishment of the Department's right thereafter to require
compliance with such provision of this Agreement, or as being a waiver of the Department's right
thereafter to exercise such option, and such provision or option will remain in full force and effect.

2.2.2 If there is any inconsistency in the Drawings or any conflict between the Drawings
and Specifications, Design-Builder shall provide the better quality or greater quantity of Work
or materials, as applicable, unless the Department directs otherwise in writing.

2.2.3 Design-Builder shall be responsible for dividing the Work among the appropriate
Subcontractors and Vendors. No claim will be entertained by the Department based upon
the organization or arrangement of the Specifications and/or the Drawings into areas,
sections, subsections or trade disciplines.

2.2.4 Detail drawings shall take precedence over scale drawings, and figured dimensions
on the Drawings shall govern the setting out of the Work.

2.2.5 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to
the Effective Date.

2.2.6 Technical words, abbreviations and acronyms in the Contract Documents shall be
used and interpreted in accordance with customary usage in the construction industry.

2.2.7 Whenever consent, permission or approval is required from any party pursuant to
the provisions of the Contract Documents, such consent, permission or approval shall, unless
expressly provided otherwise in this Agreement, be given or obtained, as applicable, in writing.

ARTICLE 3
[INTENTIONALLY OMITTED]

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

ARTICLE 5
MISCELLANEOUS PROVISIONS

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

Section 5.2 Integrated Agreement. This Amendment and any attachment hereto set forth
the entire agreement and understanding of the parties regarding the transactions contemplated
hereby and supersede all prior oral and written agreements, arrangements and understandings
relating to the subject matter hereof. There are no oral or written agreements or understandings,
representations or warranties among the parties other than those set forth herein.

Section 5.3 Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which shall be considered one and
the same instrument.

Section 5.4 Construction. This Agreement shall be construed fairly as to all parties and
not in favor of or against any party, regardless of which party prepared the Agreement.
IN W
ITNESS WHEREOF, each of the parties to this Amendment to Agreement
(DCAM-23-CS-RFP-0035) has caused it to be executed by its duly authorized representative on
the dates set forth below.
DI
STRICT OF COLUMBIA GOVERNMENT, by and through its DEPARTMENT
OF GENERAL SERVICES
By:
Name:
Title:
Date:
MCN BUILD, INC.
By:
Name:
Its:
Date:
Joseph Khoury
EVP: Preconstruction
12/3/2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

EXHIBITS A-H

EXHIBITS A-H ARE ACCESSIBLE VIA THE LINK BELOW:

GMP AMENDMENT EXHIBITS