Proposed Contract with RFK BUILDER LLC, to Contract No. DCEB-2026-L-5001

MURIEL BOWSER
MAYOR

April 9, 2026

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 the Robert F. Kennedy Campus Redevelopment Amendment Act of 2025 (D.C. Law
26-54, effective November 21, 2025, D.C. Official Code § 10-1605.01, et seq.), enclosed for
consideration and approval by the Council of the District of Columbia is proposed Contract No.
DCEB-2026-L-5001 with RFK BUILDER LLC (the “Developer”), in the amount of
$49,807,251.00.

Under the proposed contract, the District will purchase the Plans and Specifications from the
Developer for $1,110,303.00 to relocate an existing storm sewer line running through a portion
of the Stadium District within the RFK campus. The Developer will also provide the services
necessary to complete the construction of the storm sewer relocation at a cost to the District that
shall not exceed $48,696,948.00. The completion of this storm sewer relocation work will allow
the Developer to begin construction of the proposed new stadium on the RFK Campus.

I am available to discuss any questions you may have regarding the proposed contract. In order
to facilitate a response to any questions, please have your staff contact Brian Hanlon, RFK
Stadium Project Executive, at 202-671-3500.

Sincerely,

Muriel Bowser

Enclosure

GOVERNMENT OF THE DISTRICT OF COLUMBIA COUNCIL CONTRACT SUMMARY Pursuant to D.C. Official Code § 2–352.02, the following contract summary is provided: A. The contract number, proposed contractor, contract amount, unit and method of compensation, contract term, and type of contract Proposed Contractor: RFK Builder LLC (the “Developer”) Contract No.: DCEB-2026-L-5001 Contract Amount: $49,807,251.00 Unit and Method of Compensation: Not-to-Exceed Contract Contract Caption: Storm sewer relocation within the RFK Campus Term of Contract: Date of Execution through October 31 2027. Type of Contract: Development Services Agreement B. The goods or services to be provided, including a description of the economic impact of the proposed contract, the social impact of the proposed contract, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: Under the Development Services Agreement (the “Agreement”), the District will (i) purchase the 100% construction document plan set from the Developer and (ii) hire the Developer to manage the construction of the relocation of an existing storm sewer within the Stadium District of the RFK Campus. C. The selection process, including the number of offerors, the evaluation criteria, and the evaluation results including price and technical components:

Page 2 of 3
The District selected the Developer to manage the construction work pursuant to the Term Sheet, executed on April 28, 2025, by and between the District and Pro-Football LLC, an affiliate of the Developer. The Developer worked with design professionals to design and permit, through the Department of Buildings, DC Water, the Washington Metropolitan Area Transit Authority, District Department of Transportation and other agencies, a set of contract documents that would be used to bid and execute the work. The Developer then selected the stadium preconstruction general contractor, Clark Mortenson Smoot (CMS) to be the general contractor for this work and develop a process where CMS would competitively bid the work to multiple subcontractors. In mid-December 2025, Clark Mortenson Smoot (CMS) issued an Invitation to Bid (ITB) via BuildingConnected to 97 firms across five (5) bid packages for the construction work. CMS, through the Department of Small and Local Business Development (DSLBD), additionally posted the ITB on DSLBD’s website to cast a wider net among interested and capable Certified Business Enterprise (CBE) firms. All interested firms were asked to submit their pricing, schedule, qualifications, capacity, CBE contracting plan, and commitment to the First Source and all other project requirements. CMS collected bids from 28 firms at the end of January 2026. CMS evaluated and leveled the bids based on the information each firm submitted. Using this information, CMS provided the Developer with the cost of the project to be included in the Agreement for execution. D. The background and qualifications of the proposed contractor including its organization, financial stability, personnel, and prior performance on contracts with the District of Columbia government: The Developer is a limited lability company formed in Delaware with administrative offices at 4600 River Rd, Suite 400, Riverdale, MD 20737. E. Performance standards and the expected outcomes of the proposed contract: The Developer will construct the storm sewer to the design and standards of the 100% construction document plan set and place the storm sewer in service. F. 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 §§ 47-392.01 and 47-392.02: The Agency Fiscal Officer provided a certification of funding dated April 6, 2026.

Page 3 of 3
G. A certification that the proposed contract is legally sufficient and has been reviewed by the Office of the Attorney General, including whether the proposed contractor has any currently pending claims against the District: The proposed Agreement has been reviewed by the Office of the Attorney General and found to be legally sufficient. H. A certification that the proposed contractor is current with its District and federal taxes or has worked out and is current with a payment schedule approved by the District or federal government: A letter from the state of Delaware stating RFK Builder LLC is in good standing is attached. RFK Builder LLC has not been assessed by taxes from the District at this time. I. The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise: The Developer is not a certified local, small, or disadvantaged business enterprise. J. Other aspects of the proposed contract that the Chief Procurement Officer deems significant: None. K. A statement indicating whether the proposed contractor is currently debarred from providing services to any governmental entity (federal, state, or municipal), the dates of the debarment, and the reasons for the debarment: The Developer is not debarred from providing government services. L. Where the contract, if executed, will be made available online: The executed Agreement will be available from the RFK Stadium Project Management Office upon request.
Ke Ke Ke GovernmentoftheDistrictofColumbia

Officeof theChiefFinancialOfficer 1101 4" Street,SW
mes oi it ee
Date of Notice: April 8,2026 Notice Number: 10016433364
RFK BUILDER LLC FEIN: **-*#*7598,
4600 RIVER RD Case ID: 18926330
RIVERDALEMD 20737-1248

CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.As ofthe date above, the individual/entityhas complied with DC Code § 47-2862, therefore
thisCertificateofCleanHandsisissued.
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
aie—AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe
“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection.

1101thStreetSW,SuiteW270,Washington,DC20024/Phone:202)724-S048/MyTax.DC-gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICEOF THE DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT
kkaa==
FUNDING CERTIFICATION
TheOfficeoftheDeputyMayorforPlanningandEconomicDevelopment(DMPED)herebycertifiesthatthesumof$49,807,251isavailableintheDistrict’sFY2026capitalbudgettofund
therelocationofanexistingstormsewerlinerunningthroughtheStadiumDistrictoftheRFKcampus.TheprojectwillcommenceinFY26andfinishinFY27.
The locationof theabove-mentionedfundsislistedbelow.
CapitalBudgetCS
01nd RFKCAMPUS. ‘Mama S7107e8e2STATA ” ror
Ifyouhavefurtherquestions,pleasecontactCurtisLewis,AgencyFiscalOfficerat202.724.7206orCurtis.lewis3@dc.gov.
; ; DigitallysignedbyCurtis.Lewis3Curtis.Lewis3oaertsentoetsanecreo
CurtisJ.Lewis
AgencyFiscalOfficer

TOISHallStreet,SE,WaslPhone:(21 DC20012,Suite675"7206

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICEOF THE ATTORNEY GENERAL
x ke
ATTORNEYGENERAL eS
BRIANL.SCHWALB es
Commercial Division
MEMORANDUM
TO: JenniferCastor,GeneralCounsel
OfficeoftheDeputyMayorforPlanningandEconomicDevelopment
THROUGH: CharlesCoughlin oeDeputyAttorneyGet
FROM: LawrenceWolk WokAssistant Attorn ene
DATE: April 8,2026
SUBJECT: DevelopmentServicesAgreement(SewerLineRelocation)(“DevelopmentServices
Agreement”)byandbetweentheDistrictofColumbia(“District”)andtheRFK BuilderLLC
(“Developer”),pursuanttotheRobertF.KennedyCampusRedevelopmentAmendmentActof
2025”(D.C.Law26-54;effectiveNovember21,2025;D.C.OfficialCode§10-1605.01,etseq.)
relatingtocompletionofinfrastructureworkandrelocationworkinconnectionwithasewerline
ontheProjectLand(asdefinedinExhibitBoftheDevelopmentServicesAgreement)onproperty
commonlyknownastheRFK StadiumSite

This is to Certify that teCommercialDivisionoftheOfficeofthe
AttorneyGeneralhasexaminedtheDevelopmentServicesAgreementandunsignedExhibitsA,B,
C.D,E,F,G,H-1,H-2,L andM thereof,andfullyexecutedExhibitsJandK thereof,allin
“CouncilSubmission”form,providedbytheOfficeoftheDeputyMayorforPlanningand
EconomicDevelopmentinconnectionwiththeredevelopmentprogramfortheRFK StadiumSite.
AfteradetailedexaminationoftheDevelopmentServicesAgreement,weconcludethatitdoesnot
contraveneorviolateanyknownlegalrequirements,obligations,orcommitmentsoftheDistrict
government.Accordingly,initspresentformasprovidedtous,theDevelopmentServices
Agreementisapprovedforlegalsufficiency.Bythismemorandum,thisofficeprovidesnolegal
opinionaboutanydocumentationotherthantheDevelopmentServicesAgreement.
Ifyouhaveanyquestions,pleasedonothesitatetocallmeat202-236-4654.
400SixthStreet,NW,Suite10100,Washington,DC20001Tel.(202)724-6658,Fax(202)741-8930

1

DEVELOPMENT SERVICES AGREEMENT
(SEWER LINE RELOCATION)
THIS DEVELOPMENT SERVICES AGREEMENT (this “Agreement”), dated as of
________________________, 2026 (the “Effective Date ”), is made by and between the
DISTRICT OF COLUMBIA, a municipal corporation with offices at 1350 Pennsylvania
Avenue, NW, The John A. Wilson Building, Washington, DC 20004 (the “District”), RFK
BUILDER LLC, a Delaware limited liability company, with administrative offices at 4600 River
Rd., Suite 400, Riverdale, MD 20737 (“Developer”). The District and Developer collectively are
referred to herein as the “Parties” and individually as a “Party.”
W I T N E S S E T H :
WHEREAS, the District has jurisdiction over certain property owned by the United States,
consisting of approximately 180 acres located in the District of Columbia within Reservation 343F,
commonly known as the Robert F. Kennedy Stadium Campus (the “RFK Campus”);
WHEREAS, U.S. Department of the Interior, National Park Service, National Capital
Region (“NPS”) transferred jurisdiction of the RFK Campus to the District pursuant to that certain
Transfer of Jurisdiction Plat recorded in the Surveyor ’s Office of the District of Columbia on
February 5, 2025 in Book 223 Page 13, subject to that certain Declaration of Covenants Regarding
the Transfer of Jurisdiction of the Robert F. Kennedy Memorial Stadium Campus (Reservation
343F), dated as of January 14, 2025, and recorded in the land records of the District of Columbia
on February 4, 2025 as Instrument No. 2025012660;
WHEREAS, Developer is an A ffiliate (defined herein) of Pro-Football LLC, a Maryland
limited liability company , which owns a professional football franchise currently known as the
Washington Commanders;
WHEREAS, in connection with the redevelopment of the RFK Campus, the District will
undertake certain infrastructure work, which includes the relocation of an existing sewer line (the
“Sewer Line”) running through a portion of the RFK Campus (such portion, the “Project Land”
or the “Site”) as depicted on the plan attached hereto as Exhibit B;
WHEREAS, the D istrict desires to retain the Developer to provide all necessary
development services to complete the relocation of the Sewer Line pursuant to the terms and
conditions set forth in this Agreement (the “Project”);

WHEREAS, the Developer desires to provide all of the development services necessary to
undertake the Project pursuant to the terms and conditions set forth in this Agreement;

WHEREAS, the Developer intends to engage a General Contractor (defined herein) to
perform all the work necessary to complete the Project;

WHEREAS, the Council of the District of Columbia (the “ Council”) enacted the Robert
F. Kennedy Campus Redevelopment Amendment Act of 2025 (D.C. Law 26 -54; effective

2

November 21, 2025) (“Act”), which authorizes the transactions contemplated under this
Agreement; and
WHEREAS, this Agreement was deemed approved on [DATE] by the Council as contract
no. ____-______.
NOW THEREFORE, in consideration of the mutual undertakings herein set forth, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the District and Developer hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Capitalized terms used in this Agreement shall have the
meanings assigned such terms herein, including in Exhibit A attached hereto and made a part
hereof. The words “hereof”, “herein”, “hereunder”, and words of similar import when used in this
Agreement shall refer to this Agreement. The word “includes” when used in this Agreement means
“includes, without limitation,” and the word “including” means “including but not limited to.”
Section 1.02. Use of Words. Unless the context clearly indicates to the contrary, for all
purposes of this Agreement, (a) words importing the singular number include the plural number
and words importing the plural number include the singular number; (b) words of the masculine
gender include correlative words of the feminine and neuter genders; (c) words importing persons
include any person; (d) any reference to a particular Section shall be to such Section of this
Agreement, unless specified otherwise ; and (e) any reference to a particular Exhibit shall be to
such Exhibit to this Agreement; and to all sub Exhibits related thereto (e.g., references to Exhibit
A shall include Exhibit A-1, Exhibit A-2, etc.). No listing of specific instances, items, or matters
in any way limits the scope or generality of any language in this Agreement. This Agreement shall
not be construed more strictly against one Party than against the other, merely by virtue of the fact
that it may have been prepared primarily by counsel for one of the Parties.
Section 1.03. Materiality. The words “material”, “materially”, “materiality”, and words
of similar import when used in this Agreement shall mean, as the context may require, any change,
event, circumstance, fact, development, condition, or effect that, either individually or in the
aggregate, (i) has adversely affect ed, or could reasonably be expected to adversely affect, the
Parties’ rights under this Agreement to a level that would significantly influence a Party’s
judgment or decision or (ii) is of such significance that a reasonable and objective third party would
deem such change, event, circumstance, fact, development, condition, or effect important enough
to affect any judgment, decision, or approval dependent thereon or affected thereby.
ARTICLE II
DESIGN PURCHASE; DEVELOPMENT SERVICES
Section 2.01. Design of the Project. Prior to the Effective Date, Developer has prepared
and District has approved the 100% construction document plan set for the relocation of the Sewer
Line identified on Exhibit C (the “Plans and Specifications”).

3

Section 2.02. Design Purchase. On the Effective Date, t he District shall purchase the
Plans and Specifications from Developer in exchange for $1,110,303.00 (the “Design Purchase”).
In connection with the Design Purchase , the Parties will execute an assignment agreement in a
form reasonably acceptable to the Parties wherein Developer assigns all of its rights, title, and
interest in the Plans and Specifications to District.
Section 2.03. Development Services . Developer shall provide to District development
services as set forth in this Agreement necessary to complete the construction of the Project in
accordance with the Plans and Specifications, the Project Budget attached hereto as Exhibit D (as
may be amended pursuant to this Agreement) and the Construction Schedule attached hereto as
Exhibit E (as may be amended pursuant to this Agreement) . The Developer will be reimbursed
for Costs incurred in connection with the Project in accordance with Article V.
Section 2.04. Maximum Contract Price. The Costs of the Project to be paid under this
Agreement shall not exceed $ 48,696,948.00 (the “Maximum Contract Price”) , as may be
modified by an Agreement Change Order . The Maximum Contract Price does not include the
purchase price to be paid by District for the Design Purchase provided for in Section 2.02 above.
The District shall have no liability, obligation, or responsibility to pay any amount for the Costs
of the Project, in excess of the Maximum Contract Price, subject to modifications to the Maximum
Contract Price pursuant to Section 7.09.
Section 2.05. Term. Other than the obligations, if any, of a Party that expressly survive
termination of this Agreement, this Agreement shall automatically terminate and be of no further
force and effect on the earlier of (i) the date on which Final Completion of the Project is achieved
and Final Payment is made, and (ii) the date on which this Agreement is terminated by any Party
as permitted hereunder.
Section 2.06. Effects of Termination. Upon the termination of this Agreement, the
Parties shall each execute and deliver such documents as may be reasonably required to evidence
such termination.
ARTICLE III
REPRESENTATIONS AND WARRANTIES
Section 3.01. Representations and Warranties of Developer. Developer represents and
warrants to the District (i) as of the Effective Date, and (ii) upon each Application for Payment,
the following:
(a) Developer is a limited liability company duly created and validly existing pursuant
to the laws of the State of Delaware and is qualified to do business in District of Columbia. True,
correct, and complete copies of the organizational documents of Developer have been delivered to
the District on or before the Effective Date, and, after the Effective Date, any amendments to such
organizational documents have been provided to the District.
(b) Developer has full right, power , and authority to enter into, execute, and deliver
this Agreement and to perform its obligations hereunder.

4

(c) This Agreement has been duly executed and delivered by Developer and, when
duly executed and delivered by the District, shall constitute a legal, valid, and binding obligation
of Developer enforceable against Developer in accordance with its terms.
(d) The execution, delivery, and performance of this Agreement does not breach,
conflict with, or violate any of the terms, conditions, or provisions of (i) Developer’s
organizational documents, (ii) any judgment, order, injunction, decree, regulation, or ruling of any
Governmental Authority, to which Developer is subject, or (iii) any agreement or contract to which
Developer is a party or is otherwise subject.
(e) The execution, delivery, and performance of this Agreement by Developer does not
and will not result in or cause a violation or breach of, or conflict with, any Applicable Laws.
(f) No action, consent, or approval of, or registration or filing with or other action by,
any Governmental Authority or other Person is or will be required in connection with the execution
and delivery by Developer of this Agreement or the assumption and performance by Developer of
its obligations hereunder, other than the issuance of the Permits and Approvals.
(g) Neither Developer nor any of its members, partners or shareholders is the subject
debtor under any federal, state, or local bankruptcy or insolvency proceeding, or any other
proceeding for dissolution, liquidation, or winding up of its assets.
(h) Neither Developer nor any of its member s, partners, shareholders, nor any Person
that directly or indirectly Controls, is Controlled by, or under common Control with Developer, is
a Prohibited Person.
(i) There are no actions, suits, investigations , proceedings, litigation, arbitration,
administrative proceedings, or other similar proceedings pending or, to Developer’s knowledge,
threatened in writing against Developer or its partners, shareholders, or members which in any one
case or in the aggregate, if decided adversely to Developer or its partners , shareholders, or
members: (i) would impair Developer’s ability to enter into and perform its obligations under this
Agreement; (ii) would materially adversely affect the financial condition , operations, properties,
or business of Developer; or (iii) threaten the legal existence of Developer.
(j) Developer has taken steps reasonably necessary to ascertain the nature and location
of the Work, and that it has investigated and satisfied itself as to the general and local conditions
which are applicable to the Work, including, but not limited to, the following: ( i) conditions
bearing on transportation, disposal, handling, and storage of materials; (ii) the availability of labor,
water, power, and other utilities, roads, transportation, and access; (iii) normal weather conditions;
(iv) visually observable physical conditions at the Site; (v) the surface and sub-surface conditions
known to exist on the Site, as identified in the environmental reports in Exhibit L; and ( vi) the
character and availability of equipment , machinery, and facilities needed prior to and during the
performance of the Work.
(k) Developer is in compliance with all terms and provisions in this Agreement it is
required to observe or perform.

5

(l) All insurance required to be obtained and maintained by Developer pursuant to this
Agreement is in full force and effect , with all applicable premiums due and payable with respect
thereto having been paid, and such insurance complies with the insurance requirements set forth
herein.
(m) Developer has filed all tax returns, if any, required to be filed and has paid all taxes,
assessments, and governmental charges and levies due.
Section 3.02. Representations and Warranties of the District . The District represents
and warrants to Developer, as of the Effective Date, the following:
(a) The District is a duly created and validly existing government constituted as a body
corporate for municipal purposes under the laws of the United States of America.
(b) The District has the power, authority, and legal right under the Home Rule Act and
the laws of the District of Columbia to (i) execute and deliver this Agreement, and (ii) (A) observe
all the terms and provisions of this Agreement and all documents referen ced in this Agreement,
and (B) incur and perform its obligations under this Agreement and the transactions contemplated
hereby.
(c) This Agreement has been duly executed, issued, and delivered by the District in
accordance with Applicable Laws.
(d) The execution, delivery, and performance of this Agreement by the District does
not violate any of the terms, conditions, or provisions of any judgment, order, injunction, decree,
regulation, or ruling of any court or other Governmental Authority or Applicable Laws to which
the District is subject, or any agreement or contract to which the District is a party or otherwise
subject.
(e) There is no litigation, arbitration, administrative proceeding, or other similar
proceeding pending or, to the District’s knowledge, threatened in writing against the District
involving the Project or that, if decided adversely to the District, would impair the District’s ability
to perform its obligations under this Agreement.
(f) Other than matters of public record, to the District’s knowledge, there are no
currently existing agreements with respect to the Project Land to which the District is a party
affecting the construction of the Project, as of the Effective Date, which have not been disclosed
to Developer.
ARTICLE IV
COVENANTS OF DEVELOPER

Section 4.01. Covenants of Developer . Developer covenants and agrees that until this
Agreement terminates or is terminated pursuant to the terms hereof, unless the District shall
otherwise consent in writing, Developer shall:
(a) Corporate Existence and Properties. Do or cause to be done all things necessary
to preserve, renew, and keep in full force and effect the existence of Developer.

6

(b) Compliance With Applicable Laws. Comply with all Applicable Laws pertaining
to this Agreement, the Project Land, and the Project (including, the operation thereof).
(c) Books and Records, Inspection, and Audits.
(i) Keep proper books of record and account, containing complete and accurate
entries of all financial and business transactions relating to the design, development, and
construction of the Project. Subject to the limitations listed below, the District may, upon
prior Notice to Developer but not more frequently than once per calendar year, designate
an independent auditor to audit from time to time the books, records, receipts, vouchers,
and other documentation necessary to verify Developer’s compliance with t he
requirements of this Agreement. Developer shall cause such files, records, and accounts of
expenditures for materials, equipment, employees, contractors, and the like, and other costs
of rendering services or performing work in connection with the Work to be kept as
necessary for the proper administration of this Agreement. Such records shall be kept on
the basis of generally recognized accounting principles for projects of this nature and
magnitude and in accordance with this Agreement. In addition, until the expiration of three
(3) years after such Final Completion, Developer will make available or cause to be made
available at the offices of Developer, or other facilities in the District of Columbia where
appropriate, upon the written request of the District or any of its duly authorized
representatives but not more frequently than once per calendar quarter, copies of any books,
documents, records, and other data of the Contractors that are necessary to audit the nature
and extent of Costs of the Project incurred by such Contractors in connection with the
Work. In those situations where books, documents, records, and other data have been
generated from computerized data, the District shall be provided with extracts of data files
in computer readable format on data drives or suitable alternative computer data exchange
formats. Unless required by Applicable Laws, a ny audit by the independent auditor,
designated by the District pursuant to this section, of the price of the D esign Purchase or
any stipulated or lump sum amounts, and stipulated rates shall be limited to confirm that
the agreed-upon stipulated amounts or rates were properly applied. The District and
Developer shall each pay all of its own costs associated with any and all audits; provided,
however, if any such audit reveals an error of five percent (5%) or more of the applicable
calculation, Developer shall pay the costs associated with such audit. The obligations of
Developer pursuant to this Section 4.01( c)(i) shall survive any expiration or earlier
termination of this Agreement.
(ii) Provide to the District, the OCFO, and their auditors, inspectors, regulators,
consultants, and other representatives access at all reasonable times to the data and records
relating to the Project for the purposes of ( A) performing audits and inspections of the
financial and business transactions relating to the expenditure of public funds; (B) verifying
the integrity of the data, and records provided; and (C) examining and evaluating
Developer’s performance of its obligations under this Agreement.
(d) Litigation. Furnish to the District Notice of each action, suit, or proceeding before
any court or other G overnmental Authority or any arbitrator which in Developer’s reasonable
judgment could materially and adversely affect Developer’s ability to fulfill its obligations under
this Agreement, which Notice shall be furnished promptly, but no later than the tenth (10 th)

7

Business Day after the service of process on Developer with respect to such action, suit, or
proceeding.
(e) No Prohibited Persons. Undertake due inquiry and, based on such due inquiry, not
knowingly hire or permit any Contractor knowingly to hire, a Prohibited Person. Each Contract
shall provide that Contractors shall not become , and shall not knowingly hire or permit
subcontractors knowingly to hire, a Prohibited Person.
(f) Non-Discrimination. Not discriminate, or allow discrimination, on the basis of
actual or perceived race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, gender identity or expression, familial status, family
responsibilities, genetic information, disability, matriculation, political affiliation, disability,
source of income, credit information, homeless status, status as a victim of an intra-family offense,
or place of residence or business, or status as a victim or family member of a victim of domestic
violence, a sexual offense, or stalking. Developer agrees to comply with the provisions contained
in 4 DCMR §1103, which are incorporated herein by reference. In addition, Developer shall not
engage in, or allow harassment based on, any of the above categories, nor engage in any other
activity that would be prohibited by the District of Columbia Human Rights Act of 1977, effective
December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et. seq.) and is
subject to Mayor’s Order 2023-131, effective October 31, 2023.
(g) Buy American Act. In accordance with the Buy American Act (41 U.S.C. §§ 8301–
8305), the Developer agrees that in the performance of the Work the General Contractor,
subcontractors, material men, or suppliers shall use only (1) unmanufactured articles, materials,
and supplies that have been mined or produced in the United States; and (2) manufactured articles,
materials, and supplies that have been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or manufactured in the United States, unless the
District grants a wavier as permitted under the Buy American Act.
(h) Campaign Finance. Not, nor shall Developer allow any of Developer’s principals
to, contribute to a prohibited recipient during the prohibited period with respect to this Agreement
(for purposes of this section, a “Prohibited Contribution”) as such terms are defined in the
Campaign Finance Reform Amendment Act of 2018, D.C. Official Code §§ 1-1161.01 et seq. (the
“Campaign Finance Reform Act ”). Developer acknowledges that it is a covered contractor as
defined in the Campaign Finance Reform Act, and Dev eloper represents and warrants to District
that it has not made a Prohibited Contribution prior to the Effective Date and agrees that it will not
make a Prohibited Contribution in violation of the Campaign Finance Reform Act.
ARTICLE V
PAYMENT TERMS AND CONDITIONS
Section 5.01. Payment of Costs. The Costs of the Project will be paid by District pursuant
to the process set forth in this Article . The District shall have no liability, obligation, or
responsibility for any amounts towards the Costs of the Project in excess of the Maximum Contract
Price.

8

Section 5.02. Disbursement of Progress Payments by the District.
(a) In order for Developer to receive a Progress Payment , Developer shall deliver to
the District an Application for Payment in the form attached hereto as Exhibit F (each, an
“Application for Payment ”). The Application for Payment shall include the Contractors’ job
cost ledgers in a form reasonably satisfactory to the District, Contractors’, subcontractors’ , and
suppliers’ applications for payment on AIA Documents G702 and G703 or other form reasonably
acceptable to the District, invoices evidencing the costs included in the Application for Payment,
and such other supporting documentation as the District may reasonably request. Each Application
for Payment shall also:
(i) include written waivers of the right to file a mechanic’s lien and all other
claims, in a form attached hereto as Exhibit H-1, for the General Contractor , all
subcontractors at all tiers, and all material suppliers at all tiers with contracts in excess of
$250,000 who have supplied labor or material or both for which payment is requested,
subject only to receipt of payment. If District so requests, Developer shall or shall require
the General Contractor to submit waivers of liens for itself and all subcontr actors 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 this Agreement, and providing final release of such liens, if
applicable;
(ii) include detailed documentation of Costs of the Project as a condition to
approving Progress Payments, and include:
(A) the Costs of the Project for Work completed to date;
(B) certification that the Costs of the Project to be paid by the Progress
Payment are Eligible Costs;
(C) a current estimate of remaining Costs for the Work by line item
based on the Project Budget, as the same may be amended as provided in this
Agreement;
(D) the amount of the Progress Payment, including the applicable
retainage to be withheld by the District (such retainage calculated as (1) 10% of
Costs until fifty percent (50%) of the Work has been completed, and (2) five percent
(5%) thereafter). Developer shall be entitled to request a release of one hundred
percent (100%) payment of any retainage attributable to a subcontractor if (1) the
Work performed by such subcontractor comprises a line item separate from Work
performed by a Contractor and any other subcontractor, (2) such subcontractor has
completed all such Work, and (3) Developer has delivered to the District all lien
waivers (and other requirements) required of such subcontractor have been
obtained;
(iii) be signed by Developer, stating that Developer reviewed and submitted the
payment application for the party(ies) that performed the Work for which Costs are covered
by the Application for Payment, with a certification from such party(ies) confirming that:

9

(A) all amounts paid to Developer pursuant to the previous Application
for Payment were attributable to Work or to materials or equipment being supplied
by any supplier and were either (1) paid to Developer as a reimbursement or (2)
paid to the appropriate Contractor, subcontractors, and suppliers in accordance with
the requirements of the Contracts or other similar agreements signed by such
entities;
(B) all amounts currently sought by Developer to be paid to Contractor
or Contractor’s subcontractors and material or equipment suppliers for Work or
supply of materials or equipment are currently due and owing for Contractor or
Contractor’s subcontractors and material or equipment suppliers;
(C) all Work, and any related materials or equipment for which payment
is sought is, to the best of Contractor’s or its subcontractor’s knowledge, free from
defect and meets all of the requirements set forth in this Agreement; and
(D) all Contractor’s subcontracts include the clauses required by
subparagraphs (1) through (5) of D.C. Official Code § 2-221.02(d).
The District shall not be required to pay for materials stored at the Project Land or stored at other
locations absent its express agreement to do so, unless (i) such materials are specifically identified
in the Application for Payment, and (ii) if stored at a location other than the Project Land, (1) such
materials are stored within an insured and bonded warehouse or secured yard, and (2) the District
is granted a senior, perfected lien on such materials. The applicable Application for Payment for
such materials shall include appropriate invoices and bills of sale. Payment for stored materials
shall also be conditioned on Developer’s representation that it has inspected the material and found
it to be free from defect and otherwise in conformity with this Agreement, and on satisfactory
evidence that the materials are insured under the builder’s risk policy maintained pursuant to the
terms of this Agreement.
(b) Developer shall not be paid for any Self-Performed Work performed by Developer
or an Affiliate.
(c) Developer shall not include in an Application for Payment amounts for Work not
intended to be paid to the parties that performed such Work as part of such Application for Payment
except for amounts Developer paid to such parties for which Developer is seeking reimbursement.
(d) To the extent permitted by Applicable Laws, Developer shall include in the
Contract(s) that no Contractor(s) or subcontractors or any other laborers shall place, or cause to be
placed, any liens or encumbrances on any portion of the Project Land or covering any portion of
the Work. If any Contractor(s) or subcontractors or any other laborers have placed, or caused to
be placed, any liens or encumbrances on any portion of the Project Land or covering any portion
of the Work, Developer shall include lien waivers from such Contractor(s), subcontractors, and
other laborers with any Application for Payment submitted to the District where the Work giving
rise to such lien or encumbrance is covered by the Application for Payment.
(e) Developer shall not submit more than one Application for Payment per month. On
or before the twentieth (20th) day of each month following the Effective Date, Developer shall

10

submit to the District an Application for Payment for Work completed in the previous month,
which Application for Payment shall cover the entire month for which the Application for Payment
is submitted. If the District is unable to agree on the amounts properly due and owing, the District
may withhold payment of the disputed amounts from the Application for Payment in accordance
with its good faith determination and Developer may protest and pursue the Dispute process as
provided in Section 16.11 of this Agreement.
(f) Upon receipt of an Application for Payment with the necessary documentation for
the Eligible Costs, as set forth in this Agreement, the District and the OCFO will review the
Application for Payment within fifteen (15) days and, within such fifteen (15) day period, either
approve the Application for Payment or return the Application for Payment to Developer with a
request for additional information regarding such Application for Payment and any necessary
adjustments (which may include reduction in the amount sought by such Application for Payment
to the amount of the Eligible Costs confirmed by the District and the OCFO ). Developer shall
timely revise such Application for Payment to address any comments received from the District
and the OCFO, including any additional information regarding such Application for Payment or
adjustments so requested by the District and the OCFO . Once adjustments have been made by
Developer, Developer shall resubmit the revised Application for Payment and the process above
shall be followed until the issues identified by the District and the OCFO to Developer are
resolved. If the District or the OCFO is unable to approve the revised Application for Payment
and if the issue is not resolved between the Parties, the Parties shall proceed through the Dispute
process in Section 16.11. Following approval of the Application for Payment by the District and
the OCFO, as provided above, the OCFO shall cause payment to be made to Developer within
seven (7) Business Days following such approval . The District or the OCFO may withhold
payment, in whole or part, as appropriate, if:
(i) Developer has failed to provide reports due from Developer in compliance with
this Agreement and has not remedied such failure within thirty (30) days of Developer’s
receipt of N otice from the District, and such failure is continuing at the time District
withholds payment; or
(ii) Developer has failed to pay Contractor(s) or Developer has failed to enforce
the Contract(s) to require Contractor(s) to pay subcontractors after receipt of funds from
the District for amounts that are not in dispute, or any Contractor has made false
certifications in an Application for Payment that payments to subcontractors or suppliers
are due or have been made, which failure is not remedied within thirty (30) days after
Developer’s receipt of Notice from the District, and such failure is continuing at t he time
the District withholds payment; or
(iii) any mechanics’ lien has been filed against the Project Land or any portion
thereof or interest therein, or any improvements on the Project Land, even though the
District has paid all undisputed amounts due, and Developer, upon N otice, has failed to
remove the lien, by bonding it off or other means reasonably acceptable to the District ,
within thirty (30) days after Developer’s receipt of such Notice from the District, and such
failure is continuing at the time the District withholds payment; or

11

(iv) Developer is otherwise in breach of this Agreement beyond any applicable
notice or grace period; or
(v) the Application for Payment is incomplete, unsubstantiated, or does not
contain sufficient documentation for evaluation by the District in accordance with the terms
of this Agreement, as determined by the District, provided the District has provided Notice
to Developer of such insufficiency and allowed Developer a reasonable opportunity to
rectify the same; or
(vi) The Application for Payment does not clearly identify the Costs incurred as
Eligible Costs.
If the District or the OCFO withholds payment based on one or more of the events identified in
subsections (i) to (vi) above, the District shall give the Developer prior Notice of the withholding,
identifying the event(s) that serve(s) as the basis for the withholding and identifying the underlying
facts with reasonable detail. When the Developer has remedied such withholding event(s), the
OCFO shall cause the amounts withheld to be paid to the Developer.
(g) Payment of any Progress Payment or the Final Payment shall not constitute a waiver
or relinquishment of any rights or remedies the District may have with respect to defective or
nonconforming Work.
(h) The District shall have no obligation to pay, nor shall the District be responsible in
any way for marking payments directly to a Contractor’s consultant or subcontractor performing
portions of the Work.
(i) The Final Payment shall be funded by the District to Developer not more than thirty
(30) days after: (i) Final Completion has been achieved; (ii) all deliverables required in this
Agreement at Final Completion have been delivered to, and are accepted by, the District; and (iii)
a complete final Application for Payment and a final accounting for the Costs of the Project have
been submitted by Developer and verified by the District in accordance with Section 5.02(k).
(j) The amount of the Final Payment shall be calculated as follows:
(i) The sum of the Eligible Costs substantiated by Developer’s final accounting, but
not more than the Maximum Contract Price; minus
(ii) The amounts, if any, which the District has withheld and continues to
withhold pursuant to the terms of this Agreement and that pursuant to the terms of this
Agreement will not be paid on the date of the Final Payment; minus
(iii) The aggregate of previous Progress Payments made by the District.
(k) The District will review Developer’s final accounting within thirty (30) days after
delivery of the final accounting to the District by Developer. Based upon the District’s
determination (which determination shall be made within such thirty (30) day review period) of
the Costs of the Project in accordance with the terms of this Agreement and provided the other
conditions of this Section have been met, the District will, within thirty (30) days after the District’s

12

determination, notify Developer in writing of any amount that the District will withhold, if any,
and the reasons therefor. If the District delivers N otice that it intends to withhold an amount,
Developer may contest such withholding in accordance with the Dispute process in Section 16.11.
The time periods stated in this paragraph supersede those for typical Progress Payments.
(l) Except with respect to amounts corresponding to such Progress Payment that
Developer has already paid to the Architect and any Contractors, Developer shall pay the Architect
and all other Contractors within seven (7) Business Days of receipt of payment from the District.
Each Contract shall include a clause that all of Contractor’s subcontractors and vendors shall be
paid by Contractor within seven (7) Business Days of Contractor’s receipt of payment and the
requirement to notify the District and the subcontractor, in writing, of Contractor’s intention to
withhold all or part of the subcontractor’s payment with the reason for the nonpayment.
Section 5.03. Non-Reimbursable Costs. The Costs of the Project do not include any of
the following and shall not be reimbursable by District under this Agreement (each a “Non -
Reimbursable Cost”):
(a) Any personnel or labor costs other than construction staff stationed in the field.
(b) Fees for any permits or licenses the Developer 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.
(e) Sales or use taxes unless the Developer establishes that A pplicable Law required
payment of such taxes.
(f) Costs due to the errors or omissions of the Developer, the General Contractor, or
its subcontractors or suppliers at all tiers, negligent or otherwise.
(g) Costs due to breach of a Contract by the Developer, its General Contractor, or its
subcontractors or material suppliers at all tiers, including costs arising from defective or damaged
work or its correction, disposal of materials or equipment erroneously supplied, and repairs to
property damaged by the Developer, its General Contractor, or its subcontractors or material
suppliers at all tiers.
(h) Any costs incurred in performing work of any kind before the Effective Date, unless
specifically authorized by the District in advance and in writing.
(g) Direct or indirect costs not provided for in the Project Budget.
Section 5.04. Cost Overruns. Developer shall pay all Cost Overruns with respect to the
Project, as and when the same are due. The District shall not be responsible for the payment of any
Cost Overruns for the Project whatsoever. Developer shall have the sole and exclusive right to
pursue all claims and receive all recoveries, costs, expenses, damages, and penalties from
Contractors and sureties to the extent of any Cost Overruns paid by Developer. To the extent of

13

other Costs paid by the Parties, each Party shall have the right to pursue claims and receive
recoveries, damages, and penalties from contractors and sureties in proportion to their respective
losses.
Section 5.05. Quick Payment Act.
(a) Interest Penalties to Contractors . The District will pay interest penalties on
amounts due to the Developer 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 date on which payment is due under the
terms of this Agreement 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. Any amount of an interest penalty which remains
unpaid at the end of any (thirty) 30-day period shall be added to the principal amount of the debt
and thereafter interest penalties shall accrue on the added amount. No interest penalty shall be due
to Developer if payment by District is made on or before the 15th day after the required payment
date.
(b) Payments to Contractors.
(i) Developer must take one of the following actions within seven (7) days of
receipt of any amount paid to the Developer by the District for work performed by any
Contractor under a Contract: (x) pay the Contractor for the proportionate share of the total
payment received from the District that is attributable to the Contractor for work performed
under the Contract or (y) n otify the District and the C ontractor, in writing, of the
Developer’s intention to withhold all or part of the C ontractor’s payment and state the
reason for the nonpayment.
(ii) Developer must pay any C ontractor 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 is
made on or before the 15th day after the required payment date.
(iii) Any amount of an interest penalty which remains unpaid by the Developer
at the end of any 30- day period shall be added to the principal amount of the debt to the
Contractor and thereafter interest penalties shall accrue on the added amount.
(iv) A dispute between the Developer and subcontractor relating to the amounts
or entitlement of a C ontractor 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.
(c) Subcontractor Quick Payment Clause Flow -Down Requirements . Developer
shall include in the GC Contract and in each subcontract under this Agreement 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) through (5) of D.C. Official Code
§2-221.02(d).

14

(d) Requirements for Agreement Change Order Payments.
(i) The District and Developer are prohibited from requiring any Contractor to
undertake any work that is determined to be beyond the scope of this Agreement , and
therefore subject to an Agreement Change Order, when the additional work increases the
contract price beyond the Maximum Contract Price, unless the District:
(A) Agrees with the Developer and, if applicable, the Contractor on a
price for the additional work;
(B) Obtains a certification from the OCFO that there are sufficient funds
to compensate the Developer and the applicable Contractor for the additional work;
(C) Has made a written, binding commitment with the Developer to pay
for the additional work within thirty (30) days after the Developer submits a proper
invoice for the additional work to the District; and
(D) Gives Notice of the funding certification from the OCFO to the
Developer.
(ii) Developer is required to include, or cause to be included, in the Contracts a
clause that requires the Developer or the applicable Contractor to:
(A) Within five (5) Business Days of receipt of the N otice required
under Section 5.05(d)(i)(D), provide notice to a Contractor of the approved amount
to be paid to the Contractor based on the portion of the additional w ork to be
completed;
(B) Pay the Contractor any undisputed amount to which the Contractor
is entitled for any additional work within ten (10) days of receipt of payment for
the additional work from the District or the Developer, as applicable; and
(C) If the Developer or Contractor withholds payment from a nother
Contractor, notify the Contractor in writing and state the reason why payment is
being withheld and provide a copy of the notice to the District.
(iii) The Developer and the Contractors are prohibited from declaring another
party to the applicable Contract to be in default or assessing, claiming, or pursuing damages
for delays in the completion of the construction due to the inability of the parties to agree
on a price for the additional work.
ARTICLE VI
PROJECT CONSTRUCTION
Section 6.01. Developer Services. Developer agrees to complete the construction of the
Project in accordance with the Construction Schedule and terms set forth herein and the Work to
be undertaken by Developer as is specified in this Agreement, including the obligation to:

15

(a) Manage, oversee, procure, and pay for the design, construction, furnishing,
equipping, activating, and commissioning of the Project to Final Completion.
(b) Coordinate the activities of the Contractors, including the General Contractor, and
provide overall team leadership for the Project in accordance with the terms of this Agreement,
including resolving any disputes between Contractors.
(c) Include, or cause to be included, all of the provisions set forth in this Agreement
that are required to be included in Contracts in each applicable Contract.
(d) Enforce all of the terms of the Contracts in accordance with the terms of this
Agreement and oversee and monitor the Work of the Contractors.
(e) Coordinate with all Contractors and request each Contractor to coordinate with the
other Contractors working on the Project.
(f) Coordinate with key team members, including the District, through regularly
scheduled project meetings, to ensure coordination with respect to Project goals and expectations,
the Project Budget , Construction Schedule, communication expectations and responsibility, and
approval levels of authority.
(g) Monitor and update the Project Budget and Construction Schedule and maintain the
accounting of the Project Budget throughout the course of the Project.
(h) Review, evaluate, and approve Contractor applications for payment, and track
commitments and expenditures related to the Project.
(i) Submit to the District a monthly Project status summary report that provides an
executive overview of the state of the Project, with a focus on the progress, Construction Schedule,
Project Budget (including an accounting for each line item of the Project Budget , including the
Contingency), and key issues requiring action to keep the Project moving forward and in
accordance with the Construction Schedule.
(j) Support, attend, and participate in, with support of the District, required
presentations to provide updates as to the status of the Project, together with related zoning, land
use, and permit discussions and submissions, hearings, as needed, and other Governmental
Authority reviews, all in accordance with the terms of this Agreement.
(k) Provide, or include in all applicable Contract(s), the requirement for Contractors to
deliver (i) customary turnover materials upon completion of construction of the Project, including,
as-built plans and specifications, owner manuals, and warranty information, and (ii) customary
plans for the transition of the Project from construction to operation and management of the
Project.
Section 6.02. Developer Role. Developer shall implement the Work required for the
Project as expeditiously as is consistent with such skill and care and the orderly progress of the
Work.

16

Section 6.03. Enforcement of Contracts . Developer shall take all commercially
reasonable actions necessary and appropriate to enforce the terms of each Contract. To the extent
Developer reasonably believes it is necessary, or at the request of the District, Developer shall
bring and thereafter pursue with diligence and continuity dispute resolution proceedings or an
action in court against any non-performing Contractor.
Section 6.04. Governmental Authority Reviews and Approvals. Developer shall obtain
all required Permits and Approvals for the Project, and shall include, or cause to be included, in
the Contracts the requirement for Contractors to initiate, lead, and endeavor to obtain all such
Permits and Approvals. The District shall assist Developer and Contractors to obtain Permits and
Approvals required by the District’s agencies for the Project.
Section 6.05. Access to Site. The District hereby grants the Developer and its Contractors
and consultants a license and right of access to t hose portions of the RFK Campus shown on the
Site Access Map attached hereto as Exhibit M for the purpose of performing the Developer’s
obligations and exercising its rights under this Agreement without charges or fees or the payment
of rent. Developer acknowledges that, during construction of the Project, Events DC and its
contractors and clients will also be conducting events and activities on the RFK Campus and agrees
that it and its Contractors shall coordinate its access, staging , and construction activities with
Events DC. In addition, Developer agrees that its Work will not interfere with access to or activities
conducted on the Fields at RFK.
ARTICLE VII
DESIGN, BUDGET, AND CONSTRUCTION MATTERS
Section 7.01. Project Budget.
(a) The Project Budget describes the expenditure of direct and indirect C osts for the
Project, and which contains a cost itemization prepared by Developer, specifying all “hard” and
“soft” Costs (direct and indirect) by item, including (i) the Costs of all labor, materials, and services
necessary for the Project, and (ii) all other Costs anticipated by Developer, incident to the Project
(including, anticipated interest on all financing, taxes, and insurance premiums ) and the design,
development, and construction thereof.
(b) The Project Budget shall include a line item contingency amount (the
“Contingency”), which shall be a sum in the amount of $6,241,508.00 , for the use by the
Developer for Costs to cover, among other things, costs necessary to address minor design details
that result from a logical development of the design, issues arising from or as a result of
deficiencies in the Plans and Specifications, and other costs that are properly reimbursable as Costs
but not the basis for an Agreement Change Order, such as (subject to subsection (c) below): costs
that were not reasonably foreseeable as of the Effective Date, including such items as emergencies,
unforeseeable changes in market conditions for materials or labor, or subsurface, soils,
groundwater or site conditions that were neither known, visually discernable, nor otherwise
identified in reports identified in Exhibit L as of the Effective Date. The Contingency specifically
excludes District directed changes to the Plans and Specifications or the Work, which shall be the
subject of an Agreement Change Order pursuant to the terms of this Agreement. Prior to incurring
costs from the Contingency line item for a singular event in excess of $250,000.00, the Developer

17

shall provide a written request to the District stating in reasonable detail the nature of the change
or condition giving rise to the costs and the amount of Contingency that is necessary to cover those
costs for District’s review and approval, which approval will not be unreasonably withheld. If the
District does not approve or deny the request within three (3) Business Days of receipt of the
request, the request shall be deemed approved. If the Developer’s request asks the District to
review on an expedited basis, the District will work collaboratively with the Developer in an effort
to review and respond before expiration of the three (3) Business Day period. As part of the
Developer’s monthly reports, t he Developer shall keep the District informed as to the running
status of the Contingency balance and shall identify any uses of Contingency during the prior
month. Upon Final Completion, amounts remaining in the Contingency shall be apportioned as
follows: (1) eighty-five percent (85%) of the remaining Contingency shall belong to the District
and (2) the Developer shall be entitled to draw fifteen percent (15%) of the remaining Contingency.
(c) The District and the Developer acknowledge and agree that the Project Budget
(excluding the Allowance, as defined in this paragraph) is based on excavating and removing soils
as part of the Work that do not require removal or remediation under Environmental Law, as well
as groundwater that does not require treatment under Environmental Law. To the extent that such
soils encountered during the Work are determined to require removal or remediation under
Environmental Law, or such waters are determined to require treatment under Environmental Law,
the Developer may use funds from an allowance amount in the Project Budget (the “Allowance”),
which shall be in the amount of $5,000,000.00, for the resulting incremental cost to excavate,
replace and otherwise remove such soils or treat such waters in compliance with Environmental
Law. The Developer’s undertaking of this removal or remediation is not an admission that the
Developer bares any liability for such waters and soils under Environmental Law, and the
Developer explicitly disavows such liability except to the incremental extent Developer has
directly caused or exacerbated any pre-existing condition. The Developer shall provide the District
with weekly written reports regarding the amount of Allowance used, along with substantiating
documents from the Contractor. At such time that thirty percent (30%) of the Allowance remains,
the Developer will provide the District with Notice of same, along with a reasonable estimation of
the amount remaining to be used from the Allowance. At such time that $750,000.00 remains in
the Allowance the Developer will provide the District with a second Notice and a reasonable
estimation of the amount remaining to be used from the Allowance. If the amount estimated to be
used from the Allowance under the second Notice will exceed the amount remaining in the
Allowance the Parties will work together in good faith to identify cost savings or amend the Project
Budget to allow the Project to proceed without exceeding the Maximum Contract Price. In the
event the Parties are not able to identify cost savings or am end the Project Budget to allow the
Project to proceed without resulting in Cost Overruns or the District does not agree to increase the
Maximum Contract Price, then the Developer shall have the right to stop Work at any time before
the Allowance amount is exceeded. Upon Final Completion, amounts remaining in the Allowance
shall be apportioned as follows: (1) eight y-five percent (85%) of the remaining Allowance shall
belong to the District and (2) the Developer shall be entitled to draw fifteen percent (15% ) of the
remaining Allowance.
Section 7.02. Approval of General Contractor and the Architect . Developer has
selected, and the District hereby approves, Developer’s selection of Clark/Mortenson/Smoot, a
Joint Venture as the General Contractor for the Work. Kimley-Horn of DC, LLC has prepared the
Plans and Specifications for the Project and Developer has selected , and the District hereby

18

approves, Kimley-Horn of DC, LLC to continue to act as Architect for the Project. Any additional
or replacement General Contractor(s) or Architect(s) shall be selected by Developer with review
and approval from the District, such approval not to be unreasonably withheld, conditioned or
delayed.
Section 7.03. Design Modification.
(a) If Developer desires any modification to the Plans and Specifications (each, a
“Design Modification ”), Developer shall outline the proposed Design Modification for the
District, together with an estimate of any C ost changes resulting from such Design Modification,
and a summary of any impacts on the Construction Schedule. All Design Modifications proposed
by Developer and agreed to by the District shall be memorialized by written agreement signed and
delivered by the Parties. Once agreed by Developer and the District, Developer shall require the
Architect to update the Plans and Specifications to incorporate the Design Modification. If a
Design Modification proposed by Developer is not agreed to by the District, then it shall be of no
force or effect.
(b) Any review or approval undertaken by the District pursuant to the rights afforded
by this Agreement with respect to the Plans and Specifications, or any other construction
documents pertaining to the Project shall be for the sole and exclusive benefit of the District, and
no review, approval or disapproval thereof shall in any way relieve Developer from its
responsibilities, obligations or liabilities under this Agreement, or otherwise be deemed a
representation or warranty by the District as to the validit y, accuracy, sufficiency, safety,
compliance with any Applicable Laws, or completeness of the Plans and Specifications, or any
other construction documents reviewed by the District with respect to the design, development,
and construction of the Project.
Section 7.04. Contracts for the Project.
(a) Developer shall enter into the GC Contract for the Work within thirty (30) days
after the Effective Date. Developer shall present to the District for approval the GC Contract and
the agreement for the Architect, each as the same pertains to the Project, and the District shall not
unreasonably withhold, condition, or delay its approval of each such agreement . Developer shall
promptly provide the District with the names and qualifications of the General Contractor, the
Architect, and other Contractors proposed with respect to the Work from time to time, as and when
such Contractors are engaged.
(b) Developer shall cause, and has caused, all Contracts to which Developer is a direct
party with any C ontractor regarding the construction of any Work (a) to be entered into with a
Qualified Contractor, (b) to require such Contractor to diligently perform such Work in a good and
workmanlike manner, (c) to designate the District as an additional insured and indemnified party
in any policies of insurance required to be maintained by such Contractor pursuant to the terms of
the Contract or this Agreement, (d) to designate the District as an intended third party beneficiary
thereof, and (e) to assign the Contracts to the District, which assignment shall be effective, at the
District’s election, on the termination of this Agreement for cause ; provided, however,
notwithstanding the foregoing clause (d), the District shall not be entitled to enforce any of its third
party beneficiary rights with respect to a Contract unless (i) Developer has been issued an event of

19

default notice under such Contract and has not diligently taken steps to remedy the event of default
pursuant to the terms of the Contract and the District provides ten (10) Business Days’ prior Notice
to the Developer and the Contractor of its intent to enforce its third-party beneficiary rights, or (ii)
if an Event of Default has occurred under this Agreement and the District provides ten (10)
Business Days’ prior Notice to the Developer and the Contractor of its intent to enforce its third-
party beneficiary rights. Developer shall cause all C ontracts to which Developer is a direct party
with any architect or design professiona l regarding any Work to be entered into with a Qualified
Design Professional, and to permit Developer, upon Final Completion, to assign ownership of the
Plans and Specifications to the District without any fee or charge.
(c) Developer shall cause the GC Contract to (a) include a Substantial Completion Date
for the Project consistent with the requirements of this Agreement , with liquidated damages for
failure to achieve Substantial Completion on or before the required deadline , which liquidated
damages shall be consistent with market practice for projects similar to the Project; (b) provide for
a customary warranty that the Work covered by such agreement will be warranted from defects in
workmanship and materials for a period of at least one (1) year from the date of Substantial
Completion of such Work (there may also be separate warranties provided for by the manufacturer
or supplier of any materials or equipment which is a part of such Work outlined in the Plans and
Specifications), (c) cover all of the Work through Substantial Completion, and provide for a
guaranteed maximum price for all such W ork, (d) be bonded by a Qualified Surety pursuant to
statutory payment and performance bonds , naming the District as a co -obligee, (e) require that
upon Substantial Completion, Developer will continue to retain sufficient amounts to complete the
Work in order to achieve Final Completion, (f) provide that all substantive construction work will
be procured with a competitive process approved by the District and that the General Contractor
has the right to self -perform any construction work (A) for those portions of the Work that the
General Contractor customarily performs, as long as the cost of any such portion of the Work self-
performed by the General Contractor: (1) does not exceed the cost for such portion of the Work
that is consistent with at least three (3) responsible bids (or such lower number of responsible bids
as was actually received during the competitive process required by this Agreement) for such
portion of the Work; and (2) is consistent with and no more than the price set forth in the P roject
Budget, or (B) if the District expressly consents to the self -performance of such Work, and (g)
otherwise provide the General Contract or must comply with Applicable Law s. Notwithstanding
anything contained herein to the contrary, all service contracts and equipment leases must provide
that upon an early termination of this Agreement, such service contracts and equipment leases
may, at the election of the District without the obligation of the District to do so, be assumed by
the District and continue in full force and effect pursuant to their respective terms.
(d) Each Contract shall provide that the Contractor shall provide to Developer and the
District a monthly list of all subcontracts, including the name and address of the subcontractor, the
scope of the subcontract, the amount of the subcontract, and whether the subcontract pertains to a
CBE. The District shall have the right to receive a copy of any subcontract requested by the District
in writing, and Developer shall cause the applicable Contractor to provide copies of any requested
subcontracts within seven (7) Business Days following request therefor by the District.

20

Section 7.05. Permits and Approvals.
(a) Developer shall be responsible for preparing and submitting all of the applications
that are necessary to obtain the Permits and Approvals required to achieve Final Completion and
shall provide copies thereof to the District in connection with all such submissions. Developer
will diligently pursue in a commercially reasonable manner the receipt of all Permits and
Approvals in connection with the design, development, construction, and operation of the Project.
Developer, in consultation with the Architect a nd the Contractors, shall develop a list of the
required permits and shall track the progress of all such permits through the review process.
Developer shall regularly update the District with the status of each Permit and Approval that is
required for the Project . Developer may engage such permit expediters as Developer deems
appropriate in light of the Construction Schedule.
(b) The District will assist Developer to facilitate and expedite the Permit and Approval
process with respect to the Project, all as permitted by Applicable Laws and as reasonably possible.
The District’s obligation to facilitate and expedite the Permit and Approval process shall not
obligate the District to exert any political influence in connection with such process.
Section 7.06. District Participation and District Representative.
(a) Upon reasonable notice to Developer, the District shall have the right to participate
in any tests of the Work performed by the Contractor (s). The Contract (s) shall provide that the
Contractor(s) shall promptly furnish all facilities and material reasonably needed for performing
safely and conveniently such inspections and health or related tests as may be reasonably required
by the District pertaining to the design, development, and construction of the Project . The
Contract(s) shall provide that the Contractors shall replace or correct any Work found by the
District not to conform to requirements of the Plans and Specifications unless the District consents
to accept any such Work. Developer shall, after receipt of any notice of any material claim or
notice from a Government Authority pertaining to the design, development, or construction of the
Project, promptly notify the District, and allow the District to attend and participate in any
discussions, proceedings or settlement discussions related thereto.
(b) The Contract(s) for the Work shall provide that the Contractor (s) maintain an
adequate inspection system and permit the District reasonable access to such system.
(c) Developer shall allow the District to be present during the scheduled pre -final (if
any) and final inspection of the Project following Substantial Completion thereof, and Developer,
General Contractor , or such other C ontractor responsible for Work shall provide reasonable
advance notice to the District of such inspections (but such inspections , other than the final
inspection, may proceed and do not need to be rescheduled if the District is unable to attend).
(d) On or before the Effective Date, the District shall provide Notice to Developer in
writing of the name and contact information for the District Representative . I n the event the
District elects to change the District Representative, the District shall provide prior N otice to the
Contractor(s) and Developer of any replacement District Representative. Any costs associated with
the District Representative shall be at the District’s sole expense.

21

Section 7.07. Construction Schedule; Project Coordination Meetings; Inspection
and Monitoring Rights.
(a) The initial Construction Schedule for the Project is attached hereto as Exhibit E
(such schedule, as it may be amended from time to time in accordance with this Agreement, the
“Construction Schedule”). The Construction Schedule shall be updated through an Agreement
Change Order signed and delivered by the District and Developer (i) upon execution and delivery
of the GC Contract and (ii) as otherwise specifically set forth in this Agreement.
(b) Prior to execution and delivery of the GC Contract, Developer shall submit to the
District for approval an updated Construction Schedule with specific details for the Project, which
schedule shall be prepared using the critical path method for use in scheduling and controlling the
construction of the Project.
(c) The Construction Schedule shall, at a minimum, show the following:
(i) the early and late start and stop times for each major construction activity;
(ii) all “critical path” activities and their duration;
(iii) the sequencing of all procurement, approval, delivery and work activities;
(iv) critical decision dates for Developer, the District and the Contractor(s);
(v) the estimated date of Substantial Completion; and
(vi) the estimated date of Final Completion.
(d) The District and Developer recognize the need to maintain clear lines of
communication and facilitate timely and coordinated decision- making to implement the Project .
To facilitate these objectives, following the commencement of the Work, the Parties will meet
regularly, at least monthly, to discuss the status of the design, development, and construction of
the Project, and to address any issues that may have arisen since their last meeting. All such
meetings shall be scheduled reasonably in advance by Developer, with input from the District, or
can be requested by the District through Developer.
(e) In addition to any applicable District building code requirements, the District shall
have the right to enter onto the Project Land from time to time for the purpose of performing
routine inspections in connection with the design, development, and construction of the Project ;
provided, however, that the District shall use reasonable efforts to minimize any interference with
the development and construction of the Project during such inspections . Each Contract shall
provide that the District and its representatives shall be entitled to enter onto the Project Land from
time to time, for the sole purpose of undertaking the inspection of the Project to determine
conformance to the terms and conditions of this Agreement. Developer or its designee shall have
the right to accompany those persons during any such inspections. Developer waives any claim
that it may have against the District, its officers, directors, employees, agents, consultants, or
representatives, arising out of the District representatives’ entr y upon the Project Land unless
resulting from the gross negligence or willful misconduct of the District or its representatives. Any

22

inspection of the Project by the District hereunder shall not be deemed an approval, warranty, or
other certification as to the compliance thereof with any Applicable Laws ; provided, however, if
the District or any of its representatives observe any matters regarding non -compliance with any
Applicable Laws, the District shall immediately notify Developer of the same , whereupon
Developer shall promptly rectify the same . The rights set forth in this Section are in addition to
those rights set forth elsewhere in this Agreement.
Section 7.08. Liquidated Damages. Developer shall use commercially reasonable efforts
in good faith by appropriate proceedings to collect any liquidated damages from the General
Contractor pursuant to the GC Contract. The District shall have no obligation whatsoever to enforce
such GC Contract, or other Contracts for construction, development, design, or consulting services,
as applicable, entered into in connection with the design, development, and construction of the
Project. If Developer collects any liquidated damages from the General Contractor or such other
Contractor or pursuant to the GC Contract or such other Contract, as applicable, for a delay in
achieving Substantial Completion of the Work, then Developer shall use such liquidated damages
to pay Costs of the Project. Developer covenants that the provisions of this Section 7.08 and
Developer’s obligations with respect to any such liquidated damages accruing prior to the date of
termination hereof shall survive any expiration or earlier termination of this Agreement.
Section 7.09. Change Orders to the Work.
(a) Only an Agreement Change Order, approved by the District and Developer, may
make changes to (i) the Plans and Specifications or the Work, and any corresponding change to
the Project Budget, (ii) the Maximum Contract Price, (iii) the Construction Schedule, including
the Substantial Completion Date or the Final Completion Date that would result from such
change(s), or (iv) the Project Budget in the event that the Project is determined under Applicable
Laws to not be exempt from District of Columbia sales tax . Notwithstanding the foregoing, no
approval by the District shall be required, nor shall an Agr eement Change Order be required, to
the extent that Developer makes changes to any Contract or other aspect of the Work that are not
material variances to the Plans and Specifications or the Work, the Substantial Completion Date,
the Final Completion Date, or the Project Budget and do not otherwise increase the Maximum
Contract Price.
(b) The process for issuance of Agreement Change Orders for which approval by the
Parties is required shall be as follows:
(i) If the party proposing (the “ Proposing Party”) an Agreement Change Order
(either on its own initiative or , as to Developer, at the request of a Contractor), the
Proposing Party shall submit the change order request to the other Party. The change order
request shall include a draft change order and a written statement of all proposed changes
in the Contract(s) with respect to the Project. The following items shall be (x) included in
a change order request i f the Developer is proposing the Agreement Change O rder or (y)
provided by Developer to District if the District is proposing the Agreement Change Order
within ten (10) Business Days of receipt of District’s change order request: (1) any changes
to the Construction Schedule, including the Substantial Completion Date and Final
Completion Date, and the change in the Project Budget and Maximum Contract Price as a
result of the requested Agreement Change Order ; (2) i f additional time is proposed, a

23

schedule analysis supporting the proposed extension including a written narrative
explanation; and (3) if a change in the M aximum Contract Price would result from the
proposed changes to the Work or Plans and Specifications , a breakdown, by line item, of
the estimated cost changes attributable to the proposed change. The District may request
further cost breakdowns, clarifications, documentation, or back -up if the District
reasonably believes such additional information is needed to understand and evaluate the
proposed Agreement Change Order. The additional information required may include cost
and pricing data. Any requested adjustment to the Maximum Contract Price shall be
limited to increased Costs of the Project due to the Agreement Change Order.
(ii) After the Proposing Party submits a change order request and the District is
provided the information required pursuant to Section 7.09(b)(i) above, the District and
Developer shall work together in an effort to agree on the Agreement Change Order within
ten (10) Business Days thereafter. If the Parties approve the proposed Agreement Change
Order (or if Developer and the District approve a revised Agreement Change Order),
Developer shall issue the change order to the Contractor(s) in a manner consistent with the
terms of the Contract(s). If the Parties do not approve the proposed Agreement Change
Order, Developer shall not issue the Contract change order to the Contractor and the
proposed Agreement Change Order shall be of no force or effect; provided, however, the
Proposing Party shall have the right to further pursue the proposed Agreement Change
Order pursuant to the Dispute process set forth in Section 16.11.
(c) Developer agrees that any Agreement Change Order executed and delivered by the
District and Developer in accordance with the terms of this Agreement constitutes its full and final
adjustment for all costs, delays, disruptions, inefficiencies, accelerations or schedule impacts
arising from the change in question, and that no further adjustments in compensation or time shall
be sought or made with respect to such Agreement Change Order.
Section 7.10. Bid Process.
(a) In addition to the requirements set forth elsewhere in this Agreement, Developer,
and each Contract shall provide that Contractors (and each major subcontractor under such
Contract(s)), shall use commercially reasonable efforts to solicit at least three (3) qualified and
bona fide bids for each trade package that has an expected cost in excess of $ 250,000. Trade
packages shall not be parceled, split or divided to avoid such threshold amount. Developer and
each Contract shall provide that the Contractor(s) shall carefully document the 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 Contractor’s evaluations of all bids, and the basis for each Contractor’s recommendation as to
which bidders should be chosen. Developer shall provide to the District, as part of its monthly
reports, reasonably sufficient evidence to allow the District to confirm adherence to all
requirements set forth in this Section 7.10. The District will, on request of Developer or
Contractor(s), reasonably cooperate with Developer or the Contractor(s) with respect to the
preparation of the request for proposals related to the First Source Agreement, CBE Agreement,
and other related District requirements set forth in this Agreement with respect to the Project.

24

(b) Developer shall include in its monthly reports to the District tabulations of the trade
bids solicited and copies of all trade bids. The bid tabulation shall include scope assessments and
identify required leveling of the trade submitted. To the extent that an award recommendation is
based on scoping adjustments, Developer shall clearly identify the scoping adjustment and the
need for such adjustments. Such bid tabulation shall include CBE utilization information in
addition to price and other information. Such bid tabulations as well as copies of the bids shall be
submitted to the District. Developer shall use commercially reasonable efforts to ensure that bid
tabs so submitted shall fairly represent the results of the Contractor and subcontractor bidding
process.
ARTICLE VIII
CONSTRUCTION OF THE PROJECT
Section 8.01. Payment and Performance Bonds . Developer shall not authorize
construction of any Work until the General Contractor posts a payment and performance bond
from a Qualified S urety, with a multi -obligee rider naming the District as an additional obligee,
and in a form consistent with AIA Document 312 or another form that provides substantially
equivalent protection to the oblige, with such changes as the District may reasonably request (the
“Payment and Performance Bond ”), and Developer has delivered such executed Payment and
Performance Bond to the District.
Section 8.02. Developer’s Obligations Regarding Construction of the Project .
Following delivery of a notice to proceed from the District, Developer shall diligently perform the
development and construction of the Project and shall reach Substantial Completion and Final
Completion of such Work in accordance with, and subject to, the terms and conditions of this
Agreement, the Plans and Specifications, and Construction Schedule. Developer shall perform or
provide, or shall cause to be performed or provided, all means, methods , techniques, sequences,
procedures, equipment , and labor necessary or appropriate to carry out and fully and finally
complete the Project in accordance with this Agreement. Each Contract shall provide that the
applicable Contractor shall be solely responsible for funding all overruns if the actual hard or soft
costs of the Project are greater than the guaranteed maximum amount of such Contract(s) a s set
forth in the Project Budget upon execution and delivery of such Contract(s), as may be amended
as set forth herein and the applicable Contract(s) , and any such overruns shall not excuse the
Contractor(s) from fully and finally achieving Substantial Completion and Final Completion of
the Project in accordance with, and subject to, the terms and conditions of the applicable
Contract(s).
Section 8.03. Compliance With Approvals and Permits and Applicable Laws .
Developer shall obtain and maintain in good standing all Permits and Approvals r equired in
connection with the Work. Developer shall design, develop, and construct the Project in
accordance with Applicable Laws and the Permits and Approvals. Further, development and
construction of the Project shall be performed in accordance with the Plans and Specifications, as
the same may be amended from time to time in accordance with the terms of this Agreement.
Section 8.04. Utilities. Developer shall require that e ach Contract provide that the
Contractors shall be responsible under the for handling all aspects associated with utilities affecting

25

the Project including paying all costs, together with the applicable District sales tax, for receipt of
utility services to, on or under the Project and the Project Land.
Section 8.05. Davis-Bacon Act.
(a) Developer shall comply with Davis-Bacon and Related Acts – 40 U.S.C. § 3141 et
seq., and 42 U.S.C. § 5310: 40 U.S.C. § 3701 et seq.; 29 CFR Parts 1, 3, and 5. The mandatory
Davis-Bacon contract provisions and the wage determination applicable to this Project are attached
hereto as Exhibit G and incorporated herein (collectively, the “Davis-Bacon Requirements”).
The mandatory Davis-Bacon contract provisions and the wage determination shall be incorporated
into the Contracts for the Project and each subcontract at any tier.
(b) Each weekly payroll statement required under 29 CFR § 3.3 shall be delivered by
the Contractor or subcontractor, within seven (7) days after the regular payment date of the payroll
period, to the District. (29 CFR § 3.4).
(c) Each payroll submitted shall be accompanied by a “ Statement of Compliance, ”
signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment
of the Persons employed under the Contract. (29 CFR § 5.5(a)(3)(ii)(C)). Upon the request of the
District, Developer shall provide or shall cause its Contractor or subcontractor to provide for the
District’s review, any Contract or subcontract upon which a certified payroll is based.
Section 8.06. Apprenticeship Program. Developer shall comply with the requirements
specified in Section 5 of the Amendments to An Act To Provide for Voluntary Apprenticeship in
the District of Columbia Act of 1978, effective March 6, 1979 (D.C. Law 2- 156; D.C. Official
Code §32-1431(“Apprenticeship Act”), except that ten percent (10%), with a goal of thirty- five
percent (35%), of all apprenticeship hours performed pursuant to apprenticeship programs required
by section 5(a) of the Apprenticeship Act shall be performed by District of Columbia residents and
DOES may only impose fines for a failure to achieve the ten percent (10%) requirement.
Section 8.07. Utilization of Certified Business Enterprises. Developer has entered into
a CBE Agreement with DSLBD that shall govern certain obligations regarding the utilization of
certified business enterprises (“CBEs”) for the Project, including the requirements contained in
section 5(c) of the Act. Developer shall submit to District copies of any reports required to be
submitted under the CBE Agreement. Developer shall also submit to District such other reports as
District may from time to time require regarding the value of contracts awarded to CBEs (generally
and by type of certification) in connection with the Project , in accordance with the CBE
Agreement.
Section 8.08. First Source. Developer has entered into a First Source Agreement with
the District that shall govern the obligations regarding job creation and employment for the Project,
including the requirements contained in section 5(a) of the Act. Developer shall submit to District
copies of any reports required to be submitted under the First Source Agreement. Developer shall
submit such reports as District from time to time may require regarding the hiring of residents of
the District of Columbia, in accordance with the First Source Agreement.

26

Section 8.09. Substantial Completion and Final Completion of Construction of the
Project.
(a) Subject to Force Majeure, Developer shall achieve:
(i) Substantial Completion of the Work by no later than the Substantial Completion
Date as identified in the Construction Schedule, as the same may be amended from time to
time in accordance with the terms of this Agreement; and
(ii) Final Completion of the Work and Final Completion of the Project by no
later than the Final Completion Date as identified in the Construction Schedule, as the same
may be amended from time to time in accordance with the terms of this Agreement.
(b) To establish Substantial Completion, Developer shall furnish to the District the
following:
(i) a certification of the General Contractor that, to the General Contractor’s best
knowledge, construction of the Work has been Substantially Completed in accordance with
the Plans and Specifications approved therefor;
(ii) a certification of the Architect (certified to the District on the standard AIA
Form of Certificate of Substantial Completion, AIA Form G 704), that it has examined the
Plans and Specifications and that, in its professional judgment, after diligent inquiry on the
basis of its observations, construction of the Work has been Substantially Completed in
accordance with the Plans and Specifications approved therefor and, as constructed, such
Work complies with Applicable Laws;
(iii) a certification signed by Developer that it agrees with the General
Contractor’s and Architect’s certifications;
(iv) a lien waiver from each Contractor and each major subcontractor and
materials supplier who has lien rights in connection with the construction, in the form
attached hereto as Exhibit H-2, evidencing that such persons have been paid in full for all
work performed or materials supplied in connection with the construction of the Project
through Substantial Completion thereof; and
(v) a certification signed by the District that it agrees Developer has achieved
Substantial Completion, which shall be determined in accordance with the definition of
“Substantial Completion” set forth in this Agreement.
(c) Developer shall at all times indemnify, defend (with c ounsel reasonably
satisfactory to the District), protect, and hold the Indemnified Parties, free and harmless from any
losses, costs, damages, liability, claims, liens, demands, encumbrances or litigation, including
reasonable attorneys’ fees and costs, including those incurred in preparation for trial and appeal,
arising directly or indirectly out of any lien for work performed, material furnished or obligations
incurred by Developer in connection with the Project Land or the Project or Work, except to the
extent the District fails to pay Developer (as required by this Agreement) any undisputed amounts
owed to the party filing the lien.

27

(i) Should any lien be filed against the Project Land or any of the Project, or any
legal action or proceeding be instituted to perfect or enforce the lien against the Project
Land or any of the Project, Developer shall deliver to the District Notice thereof within ten
(10) days from the date Developer obtains knowledge of the filing thereof.
(ii) Within the time periods permitted for payment, upon entry of a final, non-
appealable judgment in any action in which Developer contests any such claim of lien, if
such final judgment shall establish the validity of the claim secured by the lien, or any part
thereof, and within sixty (60) days after the filing of any lien for record that Developer
does not in good faith contest , Developer shall fully pay and discharge such judgment or
lien, as the case may be, and Developer shall reimburse the District upon demand for any
and all losses, costs, damages, liability, claims, liens, demands, encumbrances or litigation,
including reasonable attorneys’ fees and costs, including those incurred in preparation for
trial and appeal, which the District suffered by reason thereof.
(iii) The provisions of this Section are for the sole benefit of the District and in
no event shall any other person, including the General Contractor or any other party or
person, have any rights under this Section.
(d) Prior to Final Completion, and to the extent not previously provided pursuant to
Section 8.09(b)(iv), Developer shall deliver to the District final lien waivers and releases from all
Contractors, subcontractors, suppliers, and materialmen having potential claims, liens or viable
lien rights in connection with the Work.
(e) Within one hundred twenty (120) days after Final Completion, Developer shall
provide to the District (a) two (2) copies of the “ as built ” survey showing the location of the
relocated sewer line and (b) a complete, legible, full size set and electronic CAD files (as requested
by the District) of all “ record drawings” in accordance with accepted industry standards, to the
extent appropriate considering the work performed.
Section 8.10. Monthly Reports. Developer shall provide written reports to the District
on the progress of development and construction of the Project at least monthly, by the fifteenth
(15th) day of each succeeding month, from the Effective Date until Final Completion. Such written
report shall include the following elements:
(a) construction progress update and a critical path method schedule in form and
substance reasonably acceptable to the District , including any plans to correct defective or
deficient Work or for time lost due to delays and conformance with the Construction Schedule;
(b) a cost report identifying the Contract(s)’ guaranteed maximum price line item, the
original line item amount, approved, pending, and projected Contract change order amounts, the
cost incurred to date, the projected cost to complete the Work of the line item, the use of any
contingency amounts under the GC Contract and the use of any Contingency (including the amount
and a description of the use of such amounts), and any variance between the actually approved
budgeted balance of the line item and the projected cost to complete;
(c) a summary of any facts or circumstances that (i) are causing Developer to fail to
satisfy its obligations under Section 8.07 or Section 8.08 of this Agreement, or (ii) with the passage

28

of time, are reasonably likely to cause Developer to fail to satisfy its obligations under Section
8.07 or Section 8.08 of this Agreement;
(d) a detailed summary of the steps that are being employed to ensure quality
construction and workmanship from each Contractor; each report shall specifically address issues
that were raised by the District during the prior month and outline the remedial steps that are being
taken to address such issues; and
(e) updated progress, date stamped photographs from the Contractors that shall detail
changes in the Work during the month; and
(f) evidence to allow the District to confirm adherence to all bid process requirements
set forth in this Section 8.10.
Section 8.11. Open Book Reporting. Developer shall maintain an open book reporting
system with the District, allowing the District or its consultants access to Developer’s ,
Contractor(s)’, and the subcontractors’ and material suppliers’ invoices, purchase orders, records
for Work, and other relevant documentation and sources of information concerning the Work or
Costs for the Project . Developer shall utilize an electronic Project Management Information
System (PMIS) of its own choosing and allow the District reasonable access to the PMIS platform
at no cost or expense to the District.
Section 8.12. Safety and Clean-Up.
(a) During development and construction of the Project, Developer shall provide a safe
and efficient construction site , with controlled access. Developer shall be responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with the
Project. Prior to the start of construction activities, Developer shall prepare a safety plan for the
development and construction phase conforming to OSHA 29 CFR 1926 (the “Safety Plan”). The
Safety Plan 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 construction site security
details. The Safety Plan shall be submitted to the District for review and approval prior to the
commencement of development and construction of the Project. Once the Safety Plan has been
approved, Developer and its Contractors shall comply with the Safety Plan at all times during
development and construction of the Project. No review, approval, or disapproval of the Safety
Plan shall in any way relieve Developer from its responsibilities, obligations , or liabilities under
this Agreement, or otherwise be deemed a representation or warranty by the District as to the
validity, accuracy, sufficiency, safety, compliance with any Applicable Laws, or completeness of
the Safety Plan.
(b) As part of its responsibility for Project safety, Developer shall install such fences
and barriers as may be necessary to separate the construction areas of the Project and Project Land
from those areas that are then being used for other purposes or on which construction activities
have not yet begun. Developer shall describe in the Safety Plan the proposed separation and the
specific nature of the fences and barriers that will be used.

29

(c) The right of the District to comment on the Safety Plan and the nature and location
of the required fences, gates, and barriers shall in no way absolve or release Developer from the
obligation to maintain a safe site and to comply with the Safety Plan.
Section 8.13. RFK Campus. At all times during construction of the Project, Developer
shall cause (i) the Fields at RFK Campus to remain open to the public, and (ii) community festivals
that have been held on the RFK Campus to continue to be held on the RFK Campus. Except for
the Project Land, Developer shall not use any portion of the RFK Campus for the storage of
construction materials or construction staging without the District’s written consent.
ARTICLE IX
HAZARDOUS MATERIALS
Section 9.01. Hazardous Materials ; Notice of Environmental Event; Waste
Disposal.
(a) No Hazardous Materials. Developer shall not cause, or negligently or knowingly
permit, any Hazardous Materials to be generated, used, released, stored or disposed of at, in, on or
under the Project Land by Developer or Contractors in violation of any Environmental Laws and
shall use commercially reasonable efforts to prevent Developer and Contractors from generating,
processing, using, releasing, storing or disposing of any Hazardous Materials at, in, on or under
the Project Land in violation of any Environmental Laws; provided, however, that Developer and
Contractors may generate, process, use, release, and store reasonable quantities of Hazardous
Materials as may be required for Developer to perform its obligations as permitted under this
Agreement so long as such Hazardous Materials are commonly generated, used, released or stored
in similar circumstances and generated, processed, used, released, stored or disposed in
compliance with Environmental Laws.
(b) Notice. Developer shall give the District prompt notice (but in no event later than
seventy-two (72) hours) of Developer’s discovery (or the discovery by any Contractor who so
informs Developer) of any actual or threatened Environmental Event of which Developer or
Contractor is aware relating to the Project Land, or the existence at, in, on or under the Project
Land of any Hazardous Material in violation of Environmental Laws, and promptly shall furnish
to the District such reports and other information reasonably available to Developer or Contractors
concerning the matter.
(c) Waste Disposal and Environmental Response. All Hazardous Materials or wastes
brought on to or produced at the Project Land as a direct result of the Work, including construction
wastes or any waste resulting from the performance of such Work shall be disposed of in
compliance with Environmental Laws and Applicable Laws by the Developer. Developer shall be
responsible for any such waste generated as a direct result of Developer’s Work. For the avoidance
of doubt, and notwithstanding anything to the contrary in the Agreement (including Section
7.01(c)), preexisting contaminated soils and water at the Project Land prior to the Effective Date
are not wastes produced as a result of the Work, and the Developer does not bear legal liability for
same. District will be responsible for any Environmental Event or Hazardous Materials or
underground storage tanks predating the Effective Date, regardless of the date discovered, or that
do not result from Developer’s Work and shall be responsible for compliance with Environmental

30

Law and Applicable Laws regarding the same. Developer shall be responsible for Hazardous
Materials pre- dating the Effective Date only to the incremental extent Developer’s Work
exacerbates such conditions. Regulated wastes shall be properly characterized, manifested, and
disposed of at a licensed facility. Developer shall provide the District with copies of manifests
evidencing disposal of the regulated wastes at such licensed facility.
(d) The Developer shall not be deemed to be in breach of this Agreement as a result of
any non-compliance or violation of Environmental Law that is not reasonably likely to or does not
result in (i) a monetary penalty or (ii) an enforcement action by a Governmental Authority that
cannot resolved by a de minimis change to the operations of the Project. In the remediation context,
the Developer shall not be deemed to be in breach of this Agreement with respect to any condition
that is not reasonably likely to or does not give rise to more than de minimis remedial efforts or
would not result in a remedial action extended past 24 hours; provided, Developer promptly
performs such remedial efforts.
ARTICLE X
INSURANCE
Section 10.01. Insurance Requirements. The Developer shall maintain, or cause to be
maintained, at all applicable times during the term of this Agreement the insurance coverages
described on Exhibit I attached hereto.
Section 10.02. Application of Insurance Proceeds. Developer shall use commercially
reasonable efforts to use all insurance proceeds that are available to Developer pursuant to the
insurance required pursuant to this Agreement to complete or restore the Project. Any such
amounts that are not so used and which are not required to be applied for any other purpose under
this Agreement shall be used to pay other Costs of the Project.
ARTICLE XI
EVENTS OF DEFAULT; DISPUTES; REMEDIES
Section 11.01. Events of Default. Each of the following events, after the expiration of
any applicable notice and cure period, shall constitute an “ Event of Default” on the part of
Developer:
(a) Developer’s failure to comply with any monetary obligations of this Agreement
and such failure continues for a period of ten (10) days after Notice from the non-breaching party;
(b) Developer’s failure to comply with any non- monetary obligations of this
Agreement and such failure continues for a period of thirty (30) days after Notice from the District,
or if such a default is of such a nature that it cannot reasonably be remedied within such thirty (30)
day period (but is otherwise susceptible to cure), within such period of time as may be reasonably
necessary to cure such default but in no event more than an additional one hundred twenty
(120) days (subject to Force Majeure), or additional period permitted by the District, provided that
Developer commences the cure within the thirty (30) day period after Notice by the District and
thereafter diligently pursues and completes such cure;

31

(c) if Developer admits, in writing, that it is generally unable to pay its debts as such
become due;
(d) if Developer makes an assignment for the benefit of creditors;
(e) if Developer or its contractors or employees commits fraud or willful misconduct
in connection with the Project, and appropriate remedial action reasonably acceptable to the
District has not been taken within thirty (30) days after (i) final determination by a court of
competent jurisdiction, or (ii) clear and convincing evidence of fraud or willful misconduct in
connection with the Project has been established;
(f) if Developer files a voluntary petition under Title 11 of the United States Code, or
if Developer files a petition or an answer seeking, or consenting to any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present
or any future federal bankruptcy code or any other present or future applicable federal, District,
state or other bankruptcy or insolvency statute or law, or seeks, consents to, acquiesces in or suffers
the appointment of any trustee, receiver, custodian, assignee, sequestrator, liquidator or other
similar official of Developer, of all or any substantial part of its properties, and the foregoing are
not stayed or dismissed within one hundred eighty (180) days after such filing or other action;
(g) if, within ninety (90) days after the commencement of a proceeding against
Developer seeking any reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under the present or any future federal bankruptcy code or any other
present or future applicable federal, District of Columbia, state or other bankruptcy or insolvency
statute or law, such proceeding has not been dismissed, or if, within ninety (90) days after the
appointment, without the consent of Developer, of any trustee, receiver, custodian, assignee,
sequestrator, liquidator or other similar official of Developer, of all or any substantial part of its
properties, such appointment has not been vacated or stayed on appeal or otherwise, or if, within
ninety (90) days after the expiration of any such stay, such appointment has not been vacated;
(h) if Developer fails to maintain the insurance required to be maintained under this
Agreement and such failure is not cured within five (5) Business Days after N otice from the
District;
(i) if Developer breaches a representation or warranty made by it under this Agreement
and such breach is not cured within ten (10) Business Days after Notice from the District; or
(j) if Developer is in default under the CBE Agreement or the First Source Agreement
beyond any applicable notice and cure period.
Section 11.02. Remedies for Events of Default by Developer. If any Event of Default
occurs and is continuing, the District may take any one or more of the following remedial steps:
(a) seek enforcement of Developer’s obligations hereunder by any equitable remedies,
such as specific performance or injunction;
(b) pursue any remedy at law or equity;

32

(c) pursue any remedies that may be available to the District under the Payment and
Performance Bond for the Project if the applicable Contractor is in default under its Contract;
(d) cause any of the Contracts to be assigned to the District or its designee;
(e) undertake self-help;
(f) suspend its performance under this Agreement; or
(g) terminate this Agreement.
Section 11.03. Limitation on Damages. In no event shall either Party be liable for any
incidental, indirect, punitive, special, or consequential damages in connection with or arising out
of (a) this Agreement; (b) the Project; or (c) the existence, furnishing, functioning, or use of the
Project or any item or products or services provided for in this Agreement.
Section 11.04. Remedies for the District’s Default. If the District shall default or fail in
the performance of a covenant or agreement on its part to be performed under this Agreement, and
such default shall not have been cured for a period of thirty (30) days after receipt by the District
of Notice of said default from Developer, then Developer shall have the right to declare a default
of this Agreement upon N otice to the District, and pursue and exercise all remedies available at
law or in equity. Notwithstanding t he foregoing, if any default by the District c annot, with due
diligence, be cured within thirty (30) days, the period to cure shall be extended for such longer
period as may be necessary to complete the same with due diligen ce; provided that the District
shall have commenced the remedying thereof within such original thirty (30) day period and shall
thereafter be proceeding with due diligence towards cure of such default.
Section 11.05. Mitigation. In the event of a default by any Party under this Agreement,
the non-defaulting Party shall use reasonable efforts to mitigate the damages it incurs as a result
of such default.
Section 11.06. Cumulative Remedies. Except as otherwise provided in this Agreement,
each right or remedy of the District and Developer provided for in this Agreement shall be
cumulative of, and shall be in addition to, every other right or remedy of the District or Developer
provided for in this Agreement, and, except as otherwise provided in this Agreement, the exercise
or the beginning of the exercise by the District or Developer of any one or more of the rights or
remedies provided for in this Agreement shall not preclude the simultaneous or later exercise by
the District or Developer of any or all other rights or remedies provided for in this Agreement.
ARTICLE XII
EXCULPATION AND INDEMNITY
Section 12.01. Exculpation. Other than the obligations specifically set forth in this
Agreement, none of the Indemnified Parties shall have any liability (personal or otherwise) arising
from or in connection with this Agreement or development and construction of the Project, except
for fraud or willful misconduct, and the Indemnified Parties shall have no indemnification
obligations pursuant to the terms of this Agreement.

33

Section 12.02. Indemnification.
(a) Subject to Section 12.04 below, the Indemnified Parties shall not be liable to
Developer or any of its Affiliates for, and Developer shall defend, indemnify and hold the
Indemnified Parties harmless from and against, any loss, cost, liability, claim, damage, expense
(including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection
with or arising from any injury (whether physical (including death), economic or otherwise) to any
other person not an Indemnified Party in, on, under, about, or concerning the Project or Project
Land or any damage to, or loss (by theft or otherwise) of, any of Developer’s property or of the
property of any other Person in, on, under, about, or concerning the Project or Project Land,
irrespective of the cause of injury, damage or loss arising out of the Developer’s performance
under this Agreement, except to the extent (a) any of the foregoing is due to the gross negligence,
fraud, or willful misconduct of any Indemnified Party; or (b) as otherwise specified as a District
obligation in this Agreement. Developer shall also protect, defend, indemnify and hold the
Indemnified Parties harmless from and against any and all loss, cost, liability, claim, damage, or
expense (including reasonable attorneys’ fees and disbursements) threatened against or suffered
by the Indemnified Parties incurred in connection with a third-party claim or loss by reason of any
failure of the Project to be designed, developed, and constructed in compliance with Applicable
Laws.
(b) Without limiting the Developer’s indemnity obligations under this Agreement, the
Developer hereby agrees to release the Indemnified Parties from and against any claims, demands,
actions, suits, causes of action, damages, liabilities, obligations, costs or expenses (including
reasonable attorneys’ fees and disbursements) that Developer may have with respect to the Project
Land or the Project and resulting from, arising under or related to any Environmental Event caused
or exacerbated by Developer or its Contractors within the scope of the Work relating to the Project,
including any such claim under any Environmental Laws, whether under any theory of strict
liability or that may arise under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C.A. § 9601, et. seq., or any other Applicable Laws.
(c) The obligations of Developer under this Section 12.02 shall not be affected in any
way by the absence or presence of insurance coverage (or any limitation thereon, including any
statutory limitations with respect to workers’ compensation insurance), or by the failure or refusal
of any insurance carrier to perform an obligation on its part under insurance policies affecting the
Project.
(d) The obligations of Developer under this Article XII shall include the burden and
expense of defending all claims, suits, and administrative proceedings (with qualified counsel
reasonably acceptable to District) for matters which Developer provides its indemnification under
this Section 12.02, even if such claims, suits, or proceedings are groundless, false, or fraudulent,
and conducting all negotiations of any description, and paying and discharging, when and as the
same become due, any and all judgments, penalties, or other sums due against any of the
Indemnified Parties.

34

Section 12.03. Defense of Claims.
(a) If any claim, action, or proceeding is made or brought against any Indemnified
Party by reason of any event to which reference is made in this Article XII for indemnification by
Developer, then, unless the District determines that such representation violates its policy or is
prohibited by Applicable Laws, upon written demand by the District, Developer shall either resist,
defend, or satisfy such claim, action, or proceeding in the Indemnified Party’s name by the
attorneys for, or approved by, Developer’s i nsurance carrier (if such claim, action, or proceeding
is covered by insurance) or such other attorneys as the District shall approve, which approval shall
not be unreasonably withheld, conditioned, or delayed. If Developer elects to undertake such
defense by its own counsel or representatives, Developer shall give Notice of such election to the
Indemnified Party within fifteen (15) days after receiving Notice of the claim therefrom. The
Indemnified Party shall reasonably cooperate with Developer in such defense at Developer’s
expense and provide Developer with all information and assistance reasonably necessary to permit
Developer to settle or defend any such claim. The foregoing notwithstanding, any Indemnified
Party may at its own expense engage its own attorneys to defend it, or to assist it in the defense of
such claim, action, or proceeding, as the case may be.
(b) If Developer fails or refuses to undertake such defense or fails to act within such
period of fifteen (15) days as provided in Section 1 2.03(a), the Indemnified Party may, but shall
not be obligated to, after five (5) days’ prior N otice to Developer, undertake the sole defense
thereof by counsel or other representatives designated by it, such defense to be at the cost and
expense of Developer. The assumption of such sole defense by the Indemnified Party shall in no
way affect the indemnification obligation s of Developer. If a claim is settled by the District and
Developer has not agreed to such settlement of the underlying claim, Developer retains the right
to dispute the indemnification claim against Developer.
Section 12.04. Notification and Payment. The District shall promptly notify Developer
of the imposition of incurrence by, or assertion against an Indemnified Party of any cost or expense
as to which Developer has agreed to indemnify such Indemnified Party pursuant to the provisions
of this Article XII. Developer agrees to pay such Indemnified Party all amounts due from
Developer under this Article XII within sixty (60) days after receipt of the Notice thereof, together
with invoices evidencing all such costs and expenses. Any delay by the District i n sending such
Notice does not relieve Developer of the indemnification obligations set forth in this Article XII,
except to the extent that defense of the claim is materially prejudiced as a result of such delay.
Section 12.05. Survival. The provisions of this Article XII shall survive the expiration or
termination of this Agreement with respect to events and matters that arise or occur during the
term of this Agreement (even if discovered following the expiration or termination of the term of
this Agreement).
ARTICLE XIII
ASSIGNMENT
Section 13.01. No Assignment. Developer shall not assign this Agreement to any Person,
and Developer represents and warrants that Developer shall not make or create, or suffer to be
made or created, any assignment of Developer’s interest in this Agreement without the prior

35

written consent of the District, which may be granted or withheld in the District’s sole and absolute
discretion.
ARTICLE XIV
TERMINATION FOR CONVENIENCE
Section 14.01. Termination for Convenience.
(a) The District may, upon ten (10) Business Days’ prior Notice to Developer,
terminate the Agreement in whole or specified part, for its convenience, for any reason whether
the Developer is in breach of contract or not. The N otice of termination shall state the effective
date of termination, the extent of the termination, and any specific instructions.
(b) Upon the District’s termination for convenience, District shall be responsible to pay
the following amounts in connection with Work performed prior to the effective date of
termination, not to exceed the Maximum Contract Price: (1) the Cost of such Work; and (2) the
cost of settling and paying claims arising out of the termination of work under the Contracts,
excluding the amounts paid or payable on account of supplies or materials delivered or services
furnished by such Contractor that are included in the costs included in the preceding clause (i).
Section 14.02. Effect of Termination . If this Agreement is terminated, for default, for
convenience or otherwise, the Developer shall remain responsible for defects or non-conformities
in all Work performed to the date of the termination . The District shall have no payment
obligations for any Work or services not performed in accordance with this Agreement or
otherwise performed after termination.
ARTICLE XV
GOVERNMENTAL LIMITATIONS
Section 15.01. Anti Deficiency Limitations. This Agreement shall not be construed as
creating a financial obligation of the District. Except as otherwise provided in the Home Rule Act,
the following limitations exist as to each and every purported obligation of the District set forth in
this Agreement, whether or not expressly conditioned:
(a) The obligations of the District to fulfill financial obligations pursuant to this
Agreement are and shall remain subject to the provisions of (i) the federal Anti -Deficiency Act,
31 U.S.C. §§ 1341, 1342, 1349-1351, and 1511-1519, and D.C. Official Code §§ 1-206.03(e) and
47-105; (ii) District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01 - 355.08
(clauses (i) and (ii) collectively, as amended from time to time, the “Anti-Deficiency Acts”); and
(iii) § 446 of District of Columbia Home Rule Act. Pursuant to the Anti-Deficiency Acts, nothing
in this Agreement shall create an obligation of the District in anticipation of an appropriation by
the Council or Congress for such purpose, and the District’s legal liability for the payment of any
of their respective obligations 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 the Council
or Congress.

36

(b) No officer, employee, director, member, or other natural person or agent of the
District shall have any personal liability in connection with the breach of the provisions of this
Section or in the event of a default by the District.
(c) This Agreement once signed shall not constitute an indebtedness of the District, nor
shall it constitute an obligation for which the District 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 official
or employee is authorized to obligate or expend any amount unde r this Agreement unless such
amount has been appropriated by the Council and by Act of Congress and is lawfully available.
(d) It is specifically understood and agreed that a failure or inability to obtain
appropriated funds shall not constitute a default by the District under this Agreement.
ARTICLE XVI
MISCELLANEOUS
Section 16.01. Entire Agreement . This Agreement represents the entire agreement
among the Parties with respect to the matters set forth herein and supersedes all prior negotiations,
representations, or agreements, either written or oral , pertaining to the subject matter of this
Agreement.
Section 16.02. Notices.
(a) Except for communications in the ordinary course of business (which, for the
avoidance of doubt (i) shall include, but shall not be limited to, ordinary course approvals with
respect to this Agreement and change order requests and (ii) shall not include communications
related to breach, termination, indemnification, requests for amendment, notifications of the
occurrence and/or cessation of a Force Majeure event, and other communications that are legal in
nature), any notice, request for approval or ame ndment, approval, demand, instruction, or other
document to be given or served hereunder (collectively, a “ Notice”) shall be in writing and
delivered (a) by U.S. Certified Mail (return receipt requested, postage pre- paid); (b) by hand; (c)
by reputable private overnight commercial courier service; or (d) such other means as the Parties
may agree in writing ; and, in each case, also by electronic copy at the email address identified
below (which copy, for the avoidance of doubt, shall not constitute Notice). Any Notice served
upon a Party in the m anner aforesaid shall be deemed to have been received for all purposes
hereunder at the time such N otice shall have been: ( i) if hand delivered to the Party against
receipted copy, when the copy of the Notice is receipted; (ii) if given by overnight courier service,
on the next Business Day after the Notice is deposited with the overnight courier service; or (iii)
if given by certified mail, return receipt requested, postage pre-paid, on the date of actual delivery
or refusal thereof. If Notice is tendered under the terms of this Agreement and is refused by the
intended recipient of the Notice, the Notice shall nonetheless be considered to have been received
and shall be effective as of the date provided in this Agreement. Notices shall be sent to each Party
at its address below; provided, that each Party may change its address for receipt of N otices by
service of a Notice of such change in accordance herewith. Notices may be given on behalf of a
Party by its attorneys.
to District: District of Columbia Government

37

c/o Director Brian Hanlon
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Email: brian.hanlon@dc.gov; Shilpa.khatri@dc.gov

to Developer: RFK Builder LLC
c/o Pro-Football LLC
d/b/a Washington Commanders
Attention: Chief Legal Officer
1600 Ring Road
Landover, MD 20785
E-mail: legaldepartment@commanders.com
(which copy shall not constitute notice)

With a copy to: DLA Piper LLP (US)
Attention: Mark D. Whitaker
500 Eighth St., N.W.
Washington, DC 20004
E-mail: mark.whitaker@us.dlapiper.com

(b) Any communication under this Agreement that is not a Notice, may be served in the
same manner as a Notice or by electronic mail, and shall be deemed received as indicated in
Section 16.02(a) or, if given by electronic mail, upon the recipient’s electronic mail response
confirming receipt.

Section 16.03. No Implied Waiver s. No waiver by a Party of any term, obligation,
condition, or provision of this Agreement shall be deemed to have been made, whether due to any
course of conduct, continuance, or repetition of non-compliance, or otherwise, unless such waiver
is expressed in writing and signed and delivered by the Party granting the waiver. No express
waiver shall affect any term, obligation, condition, or provision other than the one specified in
such waiver and that one only for the time and in the manner specifically stated.
Section 16.04. Third-Party Beneficiaries . Except as otherwise expressly provided
herein relating to indemnification, nothing in this Agreement shall create a contractual relationship
with or a cause of action in favor of a third party against any Party and no third party shall be
deemed a third-party beneficiary of this Agreement or any provision hereof.
Section 16.05. Effect of Granting or Failure To Grant Approvals or Consents . All
consents and approvals which may be given under this Agreement shall, as a condition of their
effectiveness, be in writing. All consents and approvals which may be given by the District under
this Agreement shall not (except as otherwise provided in this Agreement, such as where a consent
or approval is to be provided or withheld in a its sole and absolute discretion) be unreasonably
withheld, conditioned, or delayed, and the District shall give or deny any consent or approval
within the time period provided. The granting by the District of any consent to or approval of any
act requiring consent or approval under the terms of this Agreement, or the failure on the part of
the District to object to any such action taken without the required consent or approval, shall not
be deemed a waiver by the District. All reviews, approval and consents by the District under the

38

terms of this Agreement are for the sole and exclusive benefit of the District and no other person
or party shall have the right to rely thereon. Developer’s sole remedy for the District withholding
or conditioning its approval or consent shall be an equitable action in mandamus to compel such
consent if it were determined that such approval or consent had been unreasonably withheld,
conditioned, or delayed.
Section 16.06. Titles of Sections . Any titles of the several parts and Sections of this
Agreement are inserted for convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
Section 16.07. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original but all of which shall together constitute one and
the same instrument. Execution and delivery of this Agreement by e-mail .pdf (e.g., Adobe Sign)
shall be sufficient for all purposes and shall be binding on any person who so executes.
Section 16.08. Law Applicable; Forum for Disputes. This Agreement shall be governed
by, interpreted under, construed, and enforced in accordance with the laws of the District of
Columbia, without reference to the conflicts of laws provisions thereof. The Parties agree that any
suit, action, or proceeding arising out of this Agreement, or any transaction contemplated hereby,
shall be brought exclusively in (a) the courts of the District of Columbia and (b) the United States
District Court for the District of Columbia. The Parties irrevocably and unconditionally waive any
objection to the laying of venue of any action, suit, or proceeding arising out of this Agreement or
the transactions contemplated hereby in the courts named in clauses (a) and (b) above, and hereby
further waive and agree not to plead or claim in any such court that any such action, suit, or
proceeding brought in any such court has been brought in an inconvenient forum.
Section 16.09. No Joint Venture . The Parties are independent parties under this
Agreement, and nothing in this Agreement shall be deemed or construed for any purpose to
establish between them, or any third party, a relationship of principal and agent, employment,
partnership, or joint venture. The Parties shall have no joint and several liability.
Section 16.10. Confidentiality. The provisions of the District of Columbia Freedom of
Information Act of 1976, as amended, (D.C. Official Code §§ 2- 531 et seq.) apply to this
Agreement and communications, documents, agreements, information or records with respect to
this Agreement.
Section 16.11. Dispute Resolution.
(a) The Parties shall attempt in good faith to resolve any dispute, controversy or claim
between them, whether framed in contract, tort or otherwise, arising out of this Agreement (each
a “Dispute”) by negotiations between senior representatives of the District and Developer who
have the authority to act and who will promptly meet for negotiations to resolve the Dispute. If
the Dispute has not been resolved within ten (10) Business Days from the referral to the senior
representatives, either Party may commence a suit, action or proceeding in a court of competent
jurisdiction to resolve the Dispute in accordance with Section 16.11(b).
(b) Each Party hereby agrees that the District is likely to have a justiciable interest in a
dispute, controversy or claim between or among the parties to the GC Contract and the other

39

material Contract(s) relating to the Work (whether connected with or related in any way to such
contract or any right, duty or obligation arising therefrom or the relationship of the parties
thereunder) (each, a “Related Third Party Dispute or Controversy ”) that is due to the same
transaction or occurrence that may give or has given rise to a Dispute or Controversy of the Parties
and which has a common question of law or fact therewith. Developer hereby agrees, and shall use
its reasonable efforts to cause the General Contractor and the other parties to any material
Contract(s) relating to the Work to also agree, that the District may, but shall have no obligation
to, participate or intervene in legal or arbitration proceedings initiated by Developer or any other
party to the GC Contract, or any other material Contract(s) relating to the Work for resolution of
such Related Third Party Dispute or Controversy. Developer agrees that it shall promptly notify
the District of any pending action or proceeding between it and the General Contractor or the other
parties to any material Contract(s) relating to the Project.
Section 16.12. Further Assurances. Each Party agrees to execute and deliver to the other
Party such additional documents and instruments as the other Party reasonably may request in
order to fully carry out the purposes and intent of this Agreement, at no third party out-of-pocket
expense or additional liability than is set forth in this Agreement to the Party being requested to
execute and deliver any such additional documents or instruments.
Section 16.13. Severability. If any provision of this Agreement is held to be illegal,
invalid, or unenforceable under present or future Applicable Law, such provision shall be fully
severable, this Agreement shall be construed and enforced as if such illegal, invalid, or
unenforceable provision had never comprised a part of this Agreement , and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by the
illegal, invalid, or unenforceable provision or by its severance from this Agreement, unless this
construction would constitute a substantial deviation from the general intent of the Parties as
reflected in this Agreement . Furthermore, there shall be added automatically as a part of this
Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as
may be possible that is legal, valid, and enforceable.
Section 16.14. Joint Preparation. Each Party acknowledges that it has thoroughly read
and reviewed this Agreement, including all Exhibits and attachments thereto, and has sought and
received whatever competent advice and counsel as was necessary for it to form a full and complete
understanding of all rights and obligations herein. The language of this Agreement has been agreed
to by the Parties to express their mutual intent and no rule of strict construction shall be applied
against either party hereto.
Section 16.15. Incorporation of Exhibits ; Recitals . All Exhibits attached to this
Agreement are incorporated into and made a part of this Agreement. In the event of any conflict
between the Exhibits and this Agreement , this Agreement shall control. The Recitals of this
Agreement are hereby incorporated herein by this reference and made a substantive part of the
agreements herein amongst the Parties.
Section 16.16. Survival. The indemnity obligations of Developer under Article XII and
any other provisions of this Agreement which expressly provide for survival shall survive any
termination of this Agreement. Except for such obligations that expressly survive the termination

40

of this Agreement, no Party shall have any obligation hereunder after the termination of this
Agreement.
Section 16.17. Amendments. None of the terms or provisions of this Agreement may be
amended, changed, waived, modified, or removed except by an instrument in writing executed and
delivered by the Party or Parties against which enforcement of the amendment, change, waiver,
modification, or removal is asserted.
Section 16.18. Waiver of Jury Trial . TO THE EXTENT PERMITTED BY
APPLICABLE LAWS, ALL PARTIES HERETO WAIVE THE RIGHT TO TRIAL BY JURY
IN CONNECTION WITH ANY LITIGATION ARISING IN RESPECT OF THIS AGREEMENT
OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Section 16.19. False Claims Provisions. Notwithstanding any provision to the contrary
in this Agreement, any demands for payment or reimbursement under this Agreement shall be
subject to D.C. Official Code §§ 2-381.01 through 2-381.10 (“False Claims Provisions”) and the
remedies available thereunder.
Section 16.20. Time of the Essence; Standard of Performance. Time is of the essence
with respect to all matters set forth in this Agreement. For all deadlines set forth in this Agreement,
the standard of performance of the Party required to meet such deadlines shall be strict adherence
and not reasonable adherence. To the extent that any deadline set forth in this Agreement falls on
a Saturday, Sunday, or District of Columbia recognized holiday or day on which the District of
Columbia government is officially closed, such deadline shall be extended to the next Business
Day.
Section 16.21. Attorneys’ Fees. Each Party shall be responsible for its own legal fees in
the event a Party brings any legal action or proceeding to enforce the terms of this Agreement,
except as set forth in Article XII.
Section 16.22. District As Contracting Party. Notwithstanding any other provision
herein, the District’s actions, consents and reviews of matters pursuant to this Agreement refer
solely to the review undertaken by the District as a contracting party and shall not constitute a
regulatory approval required by Applicable Laws. All legislative actions, approvals or
authorizations and all regulatory approvals required by Applicable Law s are separate and apart
from any approval, consent or any other action of the District pursuant to the terms of this
Agreement. No approval by the District as a contractual party to this Agreement is binding on the
applicable Governmental Authority having authority to issue such regulatory approval; provided
such approval by the District is binding on the District as a contractual Party to this Agreement.
Section 16.23. Excuse for Non-Performance.
(a) Any Party whose performance has been or will be directly and adversely affected
by Force Majeure shall not be responsible or liable for, or deemed in default or breach hereof
because of, any failure or delay in complying with its obligations under or pursuant to this
Agreement (other than the payment of money as such obligations come due hereunder) which it
cannot perform solely as a result of one or more events of Force Majeure or its or their effects or
by any combination thereof, and the periods allowed for the performance by such Party of such

41

obligation(s) shall be extended on a day-for-day basis for so long as one or more events of Force
Majeure continues to materially and adversely affect the performance by such Party of such
obligation(s) under or pursuant to this Agreement; provided, howeve r that the Party seeking the
benefit of this Section 16.23 shall have first notified the other Parties in writing, within ten (10)
Business Days after it becomes aware of the beginning of any such Force Majeure, which Notice
shall include the Party’s estimate of the length of delay, which estimate shall be non-binding on
such Party, and any actions the affected Party is taking, or proposes to take, to minimize such
delay. Notwithstanding the foregoing, in any instance where an event or circumstance giving rise
to Force Majeure hereunder persists for a period exceeding one hundred eighty (180) days, the
Parties shall work together in good faith to identify a reasonable alternative or modification to the
requirement(s) of this Agreement affected by Force Majeure, such that the general intent of the
Parties as reflected in this Agreement can be effectuated without further delay.
(b) The Party whose obligations are delayed as a result of Force Majeure shall use
reasonable, good faith efforts to mitigate the length and impact of the delay.
(c) The Party whose obligations were delayed as a result of Force Majeure shall
provide Notice to the other Parties of the cessation of a Force Majeure event and the affected
Party’s ability to recommence performance of its obligations under this Agreement by reason of
the cessation of the event, which Notice shall be given as soon as reasonably practicable after the
cessation of the Force Majeure event.
Section 16.24. Additional Restriction on Government Officials . No Member of
Congress, Delegate or Resident Commissioner to the Congress, or any other official of the
Government of the United States or the Government of the District of Columbia shall be admitted
to any share or part of this Agreement, or to any benefit that may arise therefrom, including any
contract or agreement made, entered into, or accepted by or on behalf of the District with respect
to the development and use of the RFK Campus . Nothing in the previous sentence may be
construed to apply to a person who is a shareholder or other beneficial owner of any publicly held
corporation or other entity, to the extent this Agreement is for the general benefit of such
corporation or other entity.

[Remainder of page intentionally left blank]

The Parties have executed this Agreement as of the Effective Date set forth above.
DISTRICT OF COLUMBIA
By
Name
Its

RFK BUILDER LLC, a Delaware limited
liability company
By
Name
Its

EXHIBIT A

DEFINITIONS
“Act” has the meaning given to that term in the Recitals.
“Affiliate” means with respect to any Person ( “first Person ”) (i) any other Person directly or
indirectly Controlling, Controlled by, or under common Control with such first Person, (ii) any
officer, director, partner, shareholder, manager, member, or trustee of such first Person, or (iii) any
officer, director, general partner, manager, member, or trustee of any Person described in clauses
(i) or (ii) of this sentence.
“Agreement” has the meaning given to that term in the preamble.
“Agreement Change Order” means any written instrument issued after the Effective Date, signed
and delivered by the District and Developer, stating their agreement upon a change to ( a) the
Construction Schedule, upon execution and delivery of the GC Contract or (b) (1) the Plans and
Specifications or (2) the Work and any resulting change to the Project Budget or the Construction
Schedule (including the Substantial Completion Date and the Final Completion Date for the
Work).
“Anti-Deficiency Acts” has the meaning given to that term in Section 15.01(a).
“Applicable Laws” means all applicable District of Columbia and federal laws, statutes, codes,
regulations, judicial decisions, orders, injunctions, writs, rulings, interpretations, and rules,
including, Environmental Laws, laws relating to historic preservation and zoning, the ADA and
other laws relating to accessibility for persons with disabilities, and, if applicable, the Davis-Bacon
Act.
“Application for Payment” has the meaning given to that term in Section 5.02(a).
“Architect” means such architect or engineer as shall be engaged from time to time by Developer
to design the Project in accordance with the terms of this Agreement.
“Business Day” means Monday through Friday, inclusive, other than holidays recognized by the
District of Columbia government or days on which the District of Columbia government is
officially closed. The term “day” shall mean any calendar day.
“CBE Agreement” means the Certified Business Enterprise Utilization Agreement entered into
between the DSLBD and Developer pertaining to the obligations with respect to CBEs, a copy of
which is attached hereto as Exhibit J, as such agreement may be amended from time to time.
“CBE(s)” has the meaning given to that term in Section 8.07.
“Contingency” has the meaning given to that term in Section 7.01(b).
“Contract(s)” means any contract executed and delivered by Developer and any contractor
including the guaranteed maximum price agreement entered into between (i) Developer and the

General Contractor with respect to the GC Contract, and (ii) between the General Contractor and
any Contractor(s), in each instance, with respect to the performance of the Work.
“Contractor(s)” means the contractors hired by (i) Developer, as it relates to the GC Contract, and
(ii) the General Contractor, as it relates to all other contractors or major subcontractors, through
Contracts in accordance with the terms of this Agreement to design, develop, construct, furnish
and equip the Project.
“Control” means, with respect to any Person, (i) the direct or indirect ownership of, or beneficial
interest in, not less than fifty percent (50%) of the ownership interests in such Person, or (ii) the
power, directly or indirectly, to direct, or cause the direction of, the regular, majority, or day to
day management or affairs of the subject Person, whether through ownership of voting securities,
membership interests, or partnership interests, by contract or otherwise, or through the
appointment of the directors, managers, managing partners, or Persons exercising similar authority
with respect to the subject Person, including, the right to make (or consent to) all capital and other
major decisions to be made by such Person. The terms “Control,” “Controlling,” “Controlled by,”
or “under common Control with” shall have meanings correlative thereto.
“Construction Schedule” has the meaning given to that term in Section 7.07(a).
“Cost,” “Costs” or “Costs of the Project” means all hard and soft costs of the Project, and includes
to the extent consistent with the Project Budget, costs of the Project paid by Developer to third
parties, including Work costs and any costs incurred in compliance with any of the terms or
conditions of this Agreement, all to the extent required for the actual development or construction
of the Project, but excluding the Design Purchase.
“Cost Overruns” means, as of any date of determination, the amount by which the reasonably
foreseeable total Costs required to be paid to complete the Project exceeds the Maximum Contract
Price.
“Council” has the meaning given to that term in the Recitals.
“Davis-Bacon Requirements” has the meaning given that term in Section 8.05(a).
“Design Modification” has the meaning given to that term in Section 7.03(a).
“Design Purchase” has the meaning given to that term in Section 2.02.
“Developer” has the meaning given to that term in the Preamble.
“Dispute” has the meaning given to that term in Section 16.11(a).
“District” has the meaning given to that term in the Preamble.
“District Representative” means such representative as shall be appointed from time to time by the
District to act on behalf of the District with respect to the various decisions and approvals
contemplated by this Agreement with respect to the Project.

“DOES” means the D.C. Department of Employment Services.
“DSLBD” means the D.C. Department of Small and Local Business Development.
“Effective Date” has the meaning given to that term in the Preamble.
“Eligible Costs” means the C osts of the Project identified in the approved Proj ect Budget, but
expressly excluding all Non-Reimbursable Costs.
“Environmental Complaint ” means any written complaint by any Person, including any
Governmental Authority, setting forth a cause of action for property damage, natural resource
damage, contribution or indemnity for response , remediation, or cleanup costs, civil or
administrative penalties, criminal fines or penalties, or declaratory , equitable relief or any other
action arising under any Environmental Laws or any order, notice of violation, citation, subpoena,
request for information or other notice or dema nd of any type issued by any Governmental
Authority pursuant to any Environmental Laws.
“Environmental Event” means the occurrence of any of the following: (a) any noncompliance with
an Environmental Laws; (b) any event on, in, under, at, or from the Project Land or related to the
use or operation thereof of such a nature as to require reporting to applicable Governmental
Authorities under any Environmental Laws; (c) an emergency environmental condition; (d) the
existence or discovery of any spill, discharge, leakage, pumpage, drainage, pourage, interment,
emission, emptying, injecting, escaping, dumping, disposing, migration or other release of any kind
of Hazardous Materials on, at or from the Project Land which may cause a material threat or actual
material injury to human health, the environment, plant or animal life; or (e) any threatened in writing
or actual Environmental Complaint.
“Environmental Laws ” means any appli cable federal or District of Columbia law and any
amendments (whether common law, statute, rule, order, regulation or otherwise), permits, and
other requirements or guidelines of Governmental Authorities and relating to (a) the protection of
human health and safety, and the outdoor environment; (b) the conservation, management, or use
of natural resources and wildlife; (c) the protection or use of surface water and groundwater; (d)
the management, manufacture, possession, presence, use, generation, transportation, treatment,
storage, disposal, release, threatened release, distribution, abatement, removal, remediation, or
handling of or exposure to Hazardous Materials; or (e) pollution (including any release to air, land,
surface water, and groundwater); including, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and
subsequently amended, 42 U.S.C. § 6901 et seq.; the Hazardous Materials Transportation Act, 49
U.S.C. § 5101 et seq.; the Federal Water Pollution Control Act, as amended by the Clean Water
Act of 1977, 33 U.S.C. § 1251 et seq.; the Oil Pollution Act of 1990, 33 U.S.C. § 32701 et seq.;
the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. § 136- 136y; the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act of 1976,
as amended, 15 U.S.C. § 2601 et seq.; the Safe Drinking Water Act of 1974, as amended, 42 U.S.C.
§ 300f et seq.; the Emergency Planning and Community Right To Know Act of 1986, 42 U.S.C. §
11001 et seq; the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq.; and any

similar, implementing, or successor law, and any amendment, rule, regulatory order, or directive
issued thereunder, but excluding laws pertaining solely to worker safety and healthcare.
“Event of Default” has the meaning given to that term in Section 11.01.
“Events DC” means the Washington Convention and Sports Authority, an independent authority
of the District of Columbia with offices at 801 Allen Y. Lew Place NW, Washington, DC 20001.
“False Claims Provisions” has the meaning given to that term in Section 16.19.
“Final Completion” means the point at which (a) the Work with respect to the Project, including
all punch list items, has been completed by the General Contractor; (b) all lien waivers required
by this Agreement have been delivered to the District by Developer ; and ( c) Developer has
provided the District with a certification (in form and substance reasonably acceptable to the
District) by the General Contractor and the Architect, that the General Contractor and the Architect
agree all Work, including all punch list items, has been completed by the General Contractor.
“Final Completion Date” means the date of Final Completion as contemplated by the Construction
Schedule, and as may be adjusted in accordance with the terms of this Agreement.
“Final Payment” means the last Progress Payment to be made by the District.
“First Source Agreement” means the First Source Employment Agreement entered into between
DOES and Developer pertaining to the hiring of District residents, a copy of which is attached
hereto as Exhibit K, as such agreement may be amended from time to time.
“Force Majeure” means an act, event, or condition, including as applicable, an act of God; fire;
earthquake; flood; landslide; hurricane; tornado; explosion; war; invasion; insurrection; riot; mob
violence; sabotage; terrorism; inability to procure or a shortage of labor, equipment, facilities,
materials, or supplies in the open market; failure or unavailability of transportation; strike, walk-
out, lockout, labor dispute or other actions of labor unions that is national or regional in scope; a
taking by eminent domain or requisition; and laws or orders of government or of civil, military, or
naval authorities enacted or adopted after the Effective Date; so long as such act, event, or
condition: (i) is not within the reasonable control by the exercise of commercially reasonable
efforts of Developer, Developer’s agents, or its Members in the event of a Developer claim of
delay, or of the District in the event of a District claim of delay; (ii) is not due to the fault or
negligence of Developer, Developer’s agents, or its Members in the event of a Developer claim of
delay, or of the District in the event of a District claim of delay; (iii) is not reasonably avoidable
by Developer, Developer’s agents, or its Members in the event of a Developer claim of delay or
by the District in the event of a District claim of delay; and (iv) directly results in a delay in
performance by Developer or the District, as applicable; but specifically excluding shortage or
unavailability of funds for reasons other than an event described above that impacts national
widely used commercial payment systems, Developer’s financial condition , inability to obtain
financing, or known conditions by the Party claiming the Force Majeure as of the Effective Date.
“GC Contract” means the guaranteed maximum price agreement between the General Contractor
and Developer for the Project, including all schedules and exhibits attached to such GC Contract.

“General Contractor” means the Contractor primarily responsible for all Work.
“Governmental Authority” or “Governmental Authorities” means the United States of America,
District of Columbia, and any agency, department, commission, board, bureau, instrumentality,
court, tribunal, or political subdivision of the foregoing, now existing or hereafter created, having
jurisdiction over Developer or over the Project, the Project Land, or any portion thereof or any
street, road, avenue or sidewalk comprising a part of the Project Land or any vault in or under or
airspace over the Project or the Project Land.
“Hazardous Material(s)” means (a) any substance that is then defined or listed in, or otherwise
classified pursuant to, any Environmental Law or any other Applicable Law as a “hazardous
substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” or
“toxic pollutant,” or any other formulation intended to define, list, or classify substances by reason
of deleterious properties, such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity,
reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity; and ( b)
petroleum or any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas,
radioactive material (including any source, special nuclear, or by-product material), medical waste,
chlorofluorocarbon, lead or lead-based products.
“Home Rule Act” means the District of Columbia Home Rule Act, approved December 24, 1973,
as amended (87 Stat. 790; D.C. Official Code §§ 1-201 et seq.).
“Indemnified Part(ies)” means, collectively, the District of Columbia, including, any agencies,
instrumentalities, and departments thereof, and its elected and appointed officials (including, the
Mayor and the Council), officers, directors, agents, and employees.
“Maximum Contract Price” has the meaning given to that term in Section 2.04.
“Non-Reimbursable Costs” has the meaning given to that term in Section 5.03.
“Notice” has the meaning given to that term in Section 16.02.
“OCFO” means the Office of the Chief Financial Officer of the District of Columbia.
“Party(ies)” has the meaning given to that term in the Preamble.
“Payment and Performance Bond” has the meaning given to that term in Section 8.01.
“Permits and Approvals” means any and all permits, approvals or waivers required or necessary
to be issued by Governmental Authorities in connection with the design, development, and
construction of the Project.
“Person” means an individual, general or limited partnership, limited liability partnership or
company, corporation (including a business trust), joint stock company, trust, unincorporated
association, joint venture or any other Governmental Authority.

“Plans and Specifications” has the meaning given to such term in Section 2.01, as such plans and
specifications for such Work may be modified or approved from time to time in accordance with
the terms of this Agreement.
“Prohibited Person” means any of the following Persons: (a) any Person (or any Person whose
operations are directed or controlled by such Person) who has been convicted of, has pleaded guilty
in a criminal proceeding for a felony for, of charged of one or more of the following: (i) fraud, (ii)
intentional misappropriation of funds, (iii) bribery, (iv) making false statements to a governmental
agency, (v) improperly influencing a governmental official, (vi) extortion, and (vii) conspiracy to
commit any of the foregoing clauses (i) through (vi); or (b) any Person organized in or controlled
from a country, the effects of the activities with respect to which are regulated or controlled
pursuant to the following United States laws and the regulations or executive orders promulgated
thereunder: (x) the Trading with the Enemy Act of 1917, 50 U.S.C. § 4301 et seq., as amended;
(y) the International Emergency Economic Powers Act of 1977, 50 U.S.C. § 1701 et seq., as
amended; and (z) the Antiterrorism and Arms Export Amendments Act of 1989, codified at Section
6(j) of the Export Administration Act of 1979, 50 U.S.C. § 4605, as amended; or (c) any Person
who has engaged in any dealings or transactions (i) in contravention of the applicable anti-money
laundering laws or regulations or conventions or (ii) in contravention of Executive Order No.
13224 dated September 24, 2001 issued by the President of the United States (Executive Order
Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
or Support Terrorism), as may be amended or supplemented from time -to-time or any published
terrorist or watch list that may exist from time to time; or (d) any Person who appears on or
conducts any business or engages in any transaction with any person appearing on one or more
lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control located at 31
C.F.R., Chapter V, Appendix A or is a person described in Section 1 of the Anti-Terrorism Order
described above; or (e) any Person w ho could be debarred if the standards applied in Title 27,
Section 2213 of the D.C. Municipal Regulations were applied to such Person’s failure to satisfy a
contractual obligation to the District of Columbia; or (f) any Person who is on the District of
Columbia’s list of debarred, suspended, or ineligible Persons; or (g) any Affiliate of any of the
Persons described in any one or more of clauses (a) through (f) above.
“Progress Payment” means each Progress Payment to be made by the District pursuant to the
provision Section 5.02(a).
“Project” has the meaning set forth in the Recitals.
“Project Budget” means the project budget approved by the Parties attached as Exhibit D, as may
be amended from time to time in accordance with this Agreement.
“Project Land” has the meaning given to that term in the Recitals.
“Qualified Contractor” means a Contractor that satisfies the following criteria:
(a) licensed or otherwise in compliance with all Applicable Laws to do business in the
District of Columbia for the type of work proposed to be performed by such Contractor;
(b) possessed of the capacity to obtain payment/performance bonds in the full amount
of the pertinent Contract from a Qualified Surety;

(c) well experienced as a contractor in comparable work; and
(d) neither such Contractor nor its Affiliate is a Prohibited Person, or in default under
any material obligation to the District under any other contract between such Contractor or its
Affiliate and the District.
“Qualified Design Professional” means an architect that satisfies the following criteria:
(a) licensed or otherwise in compliance with all Applicable Laws to do business and act
as an architect in the District of Columbia for the type of work proposed to be performed by such
architect, or is working under the responsible control of any architect complying with the
requirements of this definition;
(b) well experienced as an architect in comparable work; and
(c) neither such architect nor any of its Affiliates is a Prohibited Person, or in default
under any material obligation to the District under any other contract between such architect or
any of its Affiliates and the District.
“Qualified Surety” shall mean any surety which (a) has been approved by the District; and (b) (i)
has an Alfred M. Best Company, Inc. rating of “A” or better and a financial size category of not
less than “VIII” (or, if Alfred M. Best Company, Inc. no longer uses such rating system, then the
equivalent or most similar ratings under the rating system then in effect, or if Alfred M. Best
Company, Inc. is no longer the most widely accepted rater of the financial stability of sureties
providing coverage such as that required by this Agreement, then the equivalent or most similar
rating under the rating system then in effect of the most widely accepted rater of the financial
stability of such insurance companies in the United States at the time) and (ii) is duly licensed and
authorized to conduct and transact surety business in the District of Columbia by the
Commissioner of the D.C. Department of Insurance, Securities and Banking.
“Related Third Party Dispute or Controversy” has the meaning set forth in Section 16.11(b).
“RFK Campus” has the meaning set forth in the Recitals.
“Safety Plan” has the meaning given to that term in Section 8.12(a).
“Self-Performed Work” means work performed by employees of, as applicable, (a) Developer; (b)
any entity that is a partner or member of the entity comprising Developer; ( c) any entity that
Controls, is Controlled by, or is under common control with Developer; or ( d) any entity that
Controls, is Controlled by, or is under common Control with any entity that is part of Developer.
Self-Performed Work is distinguished from trade work performed by subcontractors unaffiliated
with Developer, or the entities of which Developer is comprised.
“Sewer Line” has the meaning given to that term in the Recitals.
“Site” has the meaning given to that term in the Recitals.

“Substantial Completion” or “Substantially Complete” or “Substantially Completed” means the
point at which (a) the Work with respect to the Project, excepting only punch list items, has been
completed by the General Contractor in accordance with the Plans and Specifications therefor; and
(b) Developer has provided the District with a certification by the General Contractor and the
Architect, that the General Contractor and the Architect agree all Work with respect to the Project
has been substantially completed by the General Contractor, in satisfaction of the requirements for
Substantial Completion, including, any deliverables from Developer to the District in support
thereof, under this Agreement.
“Substantial Completion Date” means the date of Substantial Completion as contemplated by the
Construction Schedule, and as may be adjusted in accordance with the terms of this Agreement.
“Work” means the construction of the Project according to the Plans and Specifications.

EXHIBIT B

DEPICTION OF PROJECT LAND

[SEE ATTACHED]

Lot 803 Square 1128
HH
HH
HH
HH
HH
HH
HH
HH
E
EE
E E
WW
W
W
W W W W
W
W
W W
W
WE
E
E
E
E
E
EEE EE
E
E
E
E
E
E E E E EE E EEEEE E
E
E
E
EE
E
E
E E E
E E EE
E E
E
E
EE
E
E
E E E E
E E EE
E E
E
E
E
E
E
E
EE
EE E EEEEE
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
EE E
E
E EE
E
E
EE
E
E
EEEEE EEEEE E
E EEE
E
E
E
E
EE
E
E
E
EE
E
E
EEEE E E
W
W
W
W
W
FO
FOFOFOFO
W
LOD
LOD
LOD
LODLODLODLOD
LODLOD
LOD
LOD
LOD
LOD
LODLODLOD
LOWLOWLOWLOWLOWLOWLOWLOWLOWLOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOWLOWLOWLOW
LOW
LOW
LOW
LOW
LOW
LOW
LODLODLOD
LOD
LOD
LOD
LODLOD
LOD
LOD
LOD
LOD
LODLOD
LOD
LOD
LOD
LOD
LODLODLODLOWLOWLOW
LOD
LOD
LOD
LOD
LODLOW
LOW
LOWLOW
LOW
LOWLOW
TRANSFER OFJURISDICTION LINE
2400 EAST CAPITOL ST NEWASHINGTON, DC 20003SQUARE 1128, LOT 805, WARD 7
CONSTRUCTIONENTRANCELIMITS OFDISTURBANCE
LIMITS OF WORK
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.
DATEAS SHOWN No.CHECKED BY
SCALEDESIGNED BYDRAWN BY
KHDC PROJECT
Plotted By:Anderson, Sam (KHDC) Sheet Set:### Layout:PHASE 1 February 10, 2026 11:32:55am K:\WDC_CIV\DC0052000 - Project U\CAD PH2\Exhibits\17 DSA Exhibit\DSA Exhibit.dwg
SHEET NUMBER © 2026 KIMLEY-HORN OF DC, LLC1100 NEW JERSEY AVENUE SE, SUITE 420WASHINGTON, DC 20003PHONE: 202-971-8225WWW.KIMLEY-HORNDC.COM
DC0052000
SHEET NUMBER 2/10/2026RFK STADIUM REDEVELOPMENT2400 EAST CAPITOL ST NE WASHINGTON, DC 20003SQUARE 1128, LOT 805, WARD 7JAN, SRA,ZMHSRA, ZMHLTS
EXHIBIT B DEPICTIONOF PROJECT LAND -PHASE 1
EX-1
NORTH
LEGEND
EXISTING COMBINED SEWEREXISTING STORM SEWERPHASE 1 STORM ALIGNMENTEXISTING SANITARY SEWEREXISTING WATER LINEPROPERTY LINE
EXISTING STORM DEMOLITION
RFK STADIUM ACCESS ROAD
Phase II Storm
Relocation. Not included

EXHIBIT C

PLANS AND SPECIFICATIONS

[SEE ATTACHED]
WHITNEY YOUNGMEMORIAL BRIDGE
295MASSACHUSETTS AVE SEINDEPENDENCE AVE SEEAST CAPITOL ST NE
SOUTHEAST BLVD
C ST NE
EAST CAPITOL ST NE
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.
DATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHDC PROJECT12/19/2025
Plotted By:Anderson, Sam (KHDC) Sheet Set:### Layout:C-000 COVER SHEET December 22, 2025 04:06:55pm K:\WDC_CIV\DC0052000 - Project U\CAD PH1\PlanSheets\1 Storm Relocation\C-000 COVER SHEET.dwg
SHEET NUMBER© 2025 KIMLEY-HORN OF DC, LLC1100 NEW JERSEY AVENUE SE, SUITE 420WASHINGTON, DC 20003PHONE: 202-971-8225WWW.KIMLEY-HORNDC.COM
DC0052000
SHEET NUMBER ZMHZMH, SRALTS
CAUTIONEXISTING UNDERGROUND UTILITIES IN THE AREA CONTRACTORIS RESPONSIBLE FOR DETERMINING THE HORIZONTAL ANDVERTICAL LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION.CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TOEXISTING UTILITIES DUE TO DAMAGE INCURRED DURINGCONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OFANY DISCREPANCIES ON THE PLANS.Know what'sbelow.CallKnow what'sbelow.R before you dig.R before you dig.Know what'sbelow.
RFK STADIUM STORM SEWERRELOCATION2400 EAST CAPITOL ST NE WASHINGTON, DC 20003SQUARE 1128, LOT 805, WARD 7
12/19/2025
No.DATEDESCRIPTION19/16/2025CIVIL PERMIT PACKAGE -1ST SUBMISSION210/31/2025CIVIL PERMIT PACKAGE -2ND SUBMISSION312/19/2025CIVIL PERMIT PACKAGE -3RD SUBMISSION
RFK STADIUMSTORM SEWERRELOCATIONPHASE 1 AND 22400 EAST CAPITOL ST NEWASHINGTON, DC 20003DOB PERMIT #BCIV2500224DOEE DATABASE PLAN #S24656DCW PLAN #25-717797GENERAL NOTES:1. CONTACT 'MISS UTILITY' AT (202)-265-7177 48 HOURS PRIOR TO THE START OF CONSTRUCTION.2. FIELD STAKEOUT SURVEYOR IS RESPONSIBLE FOR VERIFYING EXISTING SITE CONDITIONS AND NOTING ANYDISCREPANCIES BETWEEN SITE FIELD CONDITIONS AND PLAN PRIOR TO CONSTRUCTION. SHOULD ANY DISCREPANCIES BENOTED, SURVEYOR SHALL NOTIFY OWNER PRIOR TO COMMENCEMENT OF CONSTRUCTION. CIVIL ENGINEER ASSUMES NORESPONSIBILITY FOR WORK PERFORMED PRIOR TO FIELD VERIFICATION OF PLAN.3. ALL WORK SHALL CONFORM TO THE PROVISIONS OF ALL APPLICABLE ORDINANCES, REGULATIONS AND ADOPTEDSTANDARDS OF THE DISTRICT OF COLUMBIA UNLESS WAIVED AND/OR MODIFIED UNDER SEPARATE APPLICATION.CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION.4. OWNER SHALL APPROVE STAKING IN FIELD OF ALL IMPROVEMENTS PRIOR TO CONSTRUCTION. CONTRACTOR SHALLNOTIFY OWNER 48 HOURS IN ADVANCE OF STAKEOUT.5. CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING THEMSELF FAMILIAR WITH ALL PUBLIC AND PRIVATE UNDERGROUNDUTILITIES, PIPES AND STRUCTURES BY CONTACTING MISS UTILITY.6. ALL EXISTING SIDEWALKS AND CURB AND GUTTER ADJACENT TO PROJECT AREA ARE TO REMAIN IN PLACE ANDOPERABLE DURING DEMOLITION ACTIVITIES.7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPLACING WITH MATCHING MATERIALS ANY OFF-SITE PAVEMENT,PAVEMENT MARKINGS, FENCING, SIGNS, ETC. THAT MUST BE CUT OR REMOVED, OR THAT MAY BE DAMAGED DURINGCONSTRUCTION.8. WHEN WORKING ADJACENT TO EXISTING STRUCTURES, POLES, ETC. CONTRACTOR SHALL USE WHATEVER METHODS ARENECESSARY TO PROTECT STRUCTURES FROM DAMAGE. CONTRACTOR SHALL HAND EXCAVATE WITHIN 5 FEET OF ALLBUILDINGS, WALLS AND STRUCTURES. REPLACEMENT OF DAMAGED STRUCTURES SHALL BE AT THE CONTRACTORSEXPENSE.9. THE CONTRACTOR SHALL, AT ALL TIMES, COMPLY WITH ALL OSHA AND GOVERNING DISTRICT SAFETY ORDERS.10. CONTRACTOR SHALL PROTECT THE ACTIVE WORK AREA WITH BARRIER FENCING AT ALL TIMES.11. ALL MAINTENANCE OF TRAFFIC MEASURES SHALL BE IN ACCORDANCE WITH CURRENT EDITIONS OF THE D.C.TEMPORARY TRAFFIC CONTROL MANUAL AND THE MUTCD.12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK ZONE SIGNING AND ANY OTHER TRAFFIC CONTROL DEVICESNECESSARY TO PERFORM THE WORK. UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL IMMEDIATELY REMOVEALL SUCH TEMPORARY DEVICES.13. THE CONTRACTOR SHALL MAINTAIN A CLEAN WORK SITE, FREE FROM TRASH AND DEBRIS.14. THE CONTRACTOR SHALL KEEP AND MAINTAIN A SET OF PROJECT PLANS ON THE SITE AT ALL TIMES.15. ALL SALVAGEABLE ITEMS REMOVED AND NOT USED REMAIN THE PROPERTY OF THE OWNER.16. IF ANY EXISTING DRAINAGE STRUCTURES TO REMAIN ARE DAMAGED DURING CONSTRUCTION IT SHALL BE THECONTRACTORS RESPONSIBILITY TO REPAIR AND/OR REPLACE THE EXISTING STRUCTURE AS NECESSARY TO RETURN IT TOEXISTING CONDITIONS OR BETTER, TO THE SATISFACTION OF THE OWNER, WHICH WILL NOT BE UNREASONABLY WITHHELD.17. THIS APPLICATION PROPOSES LAND DISTURBING ACTIVITIES TO CONDUCT LINEAR UTILITY WORK ONLY. AS SUCH, THISAPPLICATION IS EXEMPT FROM STORMWATER MANAGEMENT REGULATIONS IN ACCORDANCE WITH THE DISTRICT OFCOLUMBIA STORMWATER MANAGEMENT GUIDEBOOK (JAN. 2020), EXEMPTIONS SECTION 2.12.4 UTILITY WORK.18. THE TOTAL PROPOSED LIMITS OF DISTURBANCE (LOD) FOR THIS PROJECT IS 406,872 SF. ALL LAND DISTURBANCE ASSOCIATEDWITH THIS APPLICATION IS FOR CUTTING TRENCHES FOR UTILITY WORK AND ANY RELATED REPLACEMENT REQUIRED.
COVER SHEET
C-000
VICINITY MAPSCALE: 1" = 1000'NORTH
CLARK CONSTRUCTION GROUPROLE: GENERAL CONTRACTOR7900 WESTPARK DRIVEMCLEAN, VA 22102TEL: 571.350.3500ROLE: CIVIL ENGINEER1100 NEW JERSEY AVENUE SE, SUITE 420WASHINGTON, DC 20003TEL: 202.971.8225KIMLEY-HORN OF DCROLE: DEVELOPMENT MANAGER4600 RIVER ROADRIVERDALE, MD 20737WASHINGTON COMMANDERSPOINT OF CONTACT: MATT HAASMATT.HAAS@COMMANDERS.COMTEL: 301.928.1045
PROJECT NARRATIVE:THE RFK REDEVELOPMENT PROJECT WILL CATALYZE THE TRANSFORMATION OF THE ENTIRE 180-ACRE CAMPUS,WHICH WILL INCLUDE HOUSING, PARKS, RECREATION FACILITIES, HOTELS, RESTAURANTS, RETAIL SPACES, ANDNEIGHBORHOOD AMENITIES. THERE ARE MULTIPLE "DISTRICTS" WITHIN THE 180-ACRE CAMPUS, AND AS SUCH,THE PROJECT WILL BE COMPLETED OVER SEVERAL PHASES. THE FOCUS OF THIS PACKAGE IS ON THE STADIUMDISTRICT (WHICH GENERALLY LIES WITHIN THE BOUNDS OF C ST NE, INDEPENDENCE AVE SE, AND 22ND ST NE).THE FIRST STAGE OF THE PROJECT FOR THE "STADIUM DISTRICT" INCLUDES THE RELOCATION OF AN EXISTINGSTORM SEWER NETWORK TO CLEAR THE WAY FOR THE CONSTRUCTION OF A NEW STADIUM. THE WORK FOR THESTORM SEWER RELOCATION WILL BE COMPLETED IN PHASES, ENSURING THAT STORM SEWER CONVEYANCE ISMAINTAINED THROUGHOUT THE SITE DURING THE ENTIRE DURATION OF THE PROJECT.THE EXISTING STORM SEWER NETWORK SERVING THIS SITE CURRENTLY CONVEYS A DRAINAGE AREA OFAPPROXIMATELY 53.26 ACRES, OUTFALLING TO A SINGLE POINT OF DISCHARGE FROM A CULVERT INTO KINGMANLAKE. THE STORM SEWER NETWORK PROPOSED HEREIN CONSERVATIVELY ASSUMES A 100% IMPERVIOUSSURFACE AREA AND HAS BEEN DESIGNED TO CONVEY THE 15-YEAR STORM EVENT IN THIS ASSUMED CONDITION.REFER TO SHEETS C-470 THROUGH C-471 FOR HYDRAULIC CALCULATIONS.THE EXISTING CULVERT OUTFALL TO KINGMAN LAKE CURRENTLY OPERATES WITH SUFFICIENT CAPACITY FORTHE FINAL LEAVE CONDITION OF THE STADIUM DEMOLITION. THE HYDRAULIC GRADE LINE WILL NOT EXCEED ANYOF THE MANHOLE RIMS. SUPPORTING CALCULATIONS HAVE BEEN PROVIDED ON SHEETS C-470 THROUGH C-471.IN THE ESTIMATED FULLY IMPERVIOUS SITE CONDITION, THE EXISTING CULVERT OUTFALL OPERATES OVERCAPACITY AND WILL LIKELY REQUIRE IMPROVEMENTS. THESE IMPROVEMENTS ARE TO BE PERMITTED UNDER ASEPARATE COVER.THE ONLY IMPROVEMENTS TO BE PERMITTED UNDER THIS APPLICATION ARE FOR THE STORM SEWER. FUTUREUTILITY UPGRADES WILL BE PERMITTED UNDER SEPARATE COVER.SEE SHEETS C-050 THROUGH C-052 FOR A DETAILED PHASING NARRATIVE FOR THE PROJECT.
SHEET LIST TABLESHEET NO.DESCRIPTIONC-000COVER SHEETC-010GENERAL NOTESC-050PHASING EXHIBIT - PHASE 1C-051PHASING EXHIBIT - PHASE 2C-052PHASING EXHIBIT - FUTURE PHASE 3C-100OVERALL EXISTING CONDITIONS PLANC-101 THRU C-121EXISTING CONDITIONS PLANC-200OVERALL SITE DEMOLITION PLANC-201 THRU C-221SITE DEMOLITION PLANC-300OVERALL EROSION AND SEDIMENT CONTROL PLANC-300ALOD & LOW EXHIBITC-301 THRU C-321EROSION AND SEDIMENT CONTROL PLANC-330EROSION AND SEDIMENT CONTROL NOTESC-340EROSION AND SEDIMENT CONTROL DETAILSC-400OVERALL STORM SEWER RELOCATION PLANC-400AOVERALL STORM SEWER RELOCATION AND STRUCTURE TABLEC-401 THRU C-421STORM SEWER RELOCATION PLANC-430 THRU C-434C STREET AND INDEPENDENCE AVENUE BRIDGE SECTIONSC-440ADRAINAGE STRUCTURES GENERAL NOTESC-440BDRAINAGE STRUCTURES GENERAL NOTESC-441DRAINAGE JUNCTION STRUCTURE - OVERALL PLANC-442DRAINAGE JUNCTION STRUCTURE - DEMOLITION PLANC-443DRAINAGE JUNCTION STRUCTURE - ENLARGED PLANC-444DRAINAGE JUNCTION STRUCTURE - ELEVATIONSC-445ADRAINAGE JUNCTION STRUCTURE - DETAILSC-445BDRAINAGE JUNCTION STRUCTURE - DETAILSC-445CDRAINAGE JUNCTION STRUCTURE - DETAILSC-446ALARGE MANHOLE DETAILS - 8' ID MH DEEPER THAN 20'C-446BLARGE MANHOLE DETAILS - 10' ID MH UP TO 10' DEEPC-446CLARGE MANHOLE DETAILS - 10' ID MH DEEPER THAN 10'C-447STORM SEWER STRUCTRAL SUPPORT DETAILSC-450STORM SEWER RELOCATION UTILITY NORTH PROFILEC-451STORM SEWER RELOCATION UTILITY SOUTH PROFILEC-452STORM SEWER RELOCATION WMATA SECTION AND OUTFALL PROFILEC-453 THRU C-454STORM DRAIN LATERALS PROFILESC-455 THRU C-456DC WATER NOTES AND DETAILSC-457PIPE TRENCHING DETAILC-460PREDEVELOPMENT DRAINAGE AREA MAPC-460ALAND COVER EXHIBITC-461POST DEVELOPMENT DRAINAGE AREA MAPC-470 THRU C-471HYDRAULIC CALCULATIONSC-500DDOT STANDARD DETAILS
PRO-FOOTBALL LLCROLE: APPLICANT1350 PENNSYLVANIA AVE NW, SUITE 317WASHINGTON, DC 20004OFFICE OF THE DEPUTY MAYOR FORPLANNING AND ECONOMIC DEVELOPMENTPOINT OF CONTACT: DARYL THOMASDARYL.THOMAS@DC.GOVTEL: 202.251.8829
WMATA NOTE:CONTRACTOR TO SUBMIT SITE SPECIFIC WORKPLAN AND JOB HAZARDOUS ANALYSISPRIOR TO APPROVAL OF THE WMATA REAL ESTATE PERMIT AND PRIOR TO WORK WITHINTHE WMATA ZONE OF INFLUENCE.
WALTER P MOOREROLE: STRUCTURAL ENGINEER1301 MCKINNEY, SUITE 1100HOUSTON, TEXAS 77010TEL: 713.630.7377LANGANROLE: GEOTECHNICAL ENGINEER1300 WILSON BOULEVARD, SUITE 450ARLINGTON, VA 22209TEL: 571.366.6800
25-s24656
12-31-2025 02:19 PM
The following stamps were applied via the Surface and Groundwater System. Each stamp was signed electronically at the indicated time.
BCIV2500224
3
1/14/2026
BCIV2500224 Phase II Storm Relocation Not Included

EXHIBIT D

PROJECT BUDGET

[SEE ATTACHED]

Exhibit D Project Budget Summary3/5/2026
Category Costs of the
Project
HARD COSTS
Infrastructure 34,675,043$
Contaminated Soil & Water Allowance 5,000,000$
TOTAL HARD COSTS 39,675,043$
SOFT COSTS
Architectural Fees -$
Civil Engineering Fees 406,236$
Structural Engineering Fees 27,500$
Traffic Engineering Fees -$
Project Management 1,039,951$
Coordination Fees -$
Permit Fees 400,535$
Legal Fees 100,000$
Insurance / Builder's Risk 806,175$
TOTAL SOFT COSTS 2,780,398$
CONTINGENCY 6,241,508$
Subtotal 48,696,948$
TOTAL $48,696,948
Costs of the Project 3/5/2026
Category Vendor Item Scope Detail Amnt
Hard CostsHard Costs Clark/Mortenson/Smoot Infrastructure Stormwater Relocation Hard & Indirect Costs of the Stormline Relocation Work
34,665,043$
Hard Costs Clark/Mortenson/Smoot Infrastructure Stormwater Relocation Tree Removal 10,000$
Hard Costs Subtotal 34,675,043$
Soft CostsSoft Costs Langan Civil Engineering Fees Stormwater Relocation Geotechnical Engineer Construction Administration
56,236$
Soft Costs Walter P Moore Structural Engineering Fees Stormwater Relocation Structural Engineer Construction Administration 27,500$
Soft Costs Inspector TBD Civil Engineering Fees Stormwater Relocation Storm Relocation 3rd Party Testing & Inspections 350,000$
Soft Costs District Alliance/Project Mgmt Project Management Stormwater Relocation Storm Relocation Construction Management 1,039,951$
Soft Costs DC Water Permit Fees Stormwater Relocation Storm Relocation Inspection Fee (unpaid, invoice in hand) 361,140$
Soft Costs DC Water Permit Fees Stormwater Relocation PH2a Storm Relocation Amendment Plan Review Fee -$ See qualification
Soft Costs DC Water Permit Fees Stormwater Relocation PH2a Storm Relocation Bond Premium -$ See qualification
Soft Costs Engineer TBD Civil Engineering Fees Stormwater Relocation PH2a Storm NEBS Finite Element Analysis & Monitoring (DCW) -$ See qualification
Soft Costs DOEE Permit Fees Stormwater Relocation PH2a Storm Relocation E&S Fee -$ See qualification
Soft Costs DOB Permit Fees Stormwater Relocation PH2a Storm Relocation Amendment Permit Fee -$ See qualification
Soft Costs DC Water Permit Fees Stormwater Relocation PH2a Storm Relocation Amendment Inspection Fee -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Public Inconvenience Fee PH1a (North Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Deposit PH1a (North Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Permit Review Fee PH1a (North Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Application Fee PH1a (North Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Public Inconvenience Fee PH2 (South Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Deposit PH2 (South Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Permit Review Fee PH2 (South Loop) -$ See qualification
Soft Costs DDOT Permit Fees Stormwater Relocation Storm Relocation Application Fee PH2 (South Loop) -$ See qualification
Soft Costs DDOT UFD Permit Fees Stormwater Relocation TPP/STP Tree Fund Invoices 39,395$ See qualification
Soft Costs WMATA Insurance / Builder's Risk Stormwater Relocation Storm Relocation Railroad Protection Liabiity Fee 28,000$
Soft Costs AON Insurance / Builder's Risk Stormwater Relocation General Liability 265,000$
Soft Costs AON Insurance / Builder's Risk Stormwater Relocation Builder's Risk Policy 298,175$
Soft Costs AON Insurance / Builder's Risk Stormwater Relocation Contractors Professional & Protective Indemnity (CPPI) 175,000$
Soft Costs AON Insurance / Builder's Risk Stormwater Relocation Contractors Pollution Liability (CPL) 40,000$
Soft Costs Attorney TBD Legal Fees Stormwater Relocation Legal Fees 100,000$
Soft Costs Subtotal 2,780,398$
AllowanceAllowance Washington Commanders
Contaminated Soil & Water AllowanceStormwater Relocation Impacted Soil & Soil Testing & Treatment 5,000,000$
Allowance Subtotal 5,000,000$
ContingencyContingency Washington Commanders Contingency Stormwater Relocation Contingency (18%)
6,241,508$
Contingency Subtotal 6,241,508$
Total 48,696,948$
3/5/2026 Qualifications & Clarifications
1 We assume uninterrupted access to the project site to perform the work.
2 We have included work as described on the Contract Documents related to Phase I. We have not included any follow-on phases including, but not limited to,
Phases II and III as defined in the Contract Documents.
3 We assume that the existing Smoot/Events DC temporary fencing stays in place for the use of Commanders.
4 Our proposal is based on working normal work hours (unlimited beginning at 7 AM until 9 PM for work including trucking, deliveries, access, etc.). We have
assumed that local jurisdictions have not placed limitations on work hours or project access.
5 We assume the District will obtain necessary easements, rights-of-way, and permission from adjacent property owners for work outside property lines including
tiebacks, underpinning, utilities, access, etc. prior to start of Contract.
6
We recommend the following allowances, which have been included. We assume all allowances include all handling, installation, and subcontractor's overhead and profit. 1)Groundwater treatment to permit, treat, and discharge to the storm sewer 250 gpm of groundwater with contaminants as identified in the Phase II Environmental Report, dated 1/19/2026. This includes 28 bag filter swaps per day, and 6 total media changes : $3,500,000 Non-Hazardous, Contaminated soil
handling, hauling, and disposal to a facility such as SoilSafe, Clean Earth, or a landfill: $3,000,000.
7 We understand the project is tax exempt and have therefore not included sales tax.
8 We have included prevailing wages as described in DC Wage Scale Determination DC2025000l dated December 12, 2025. We assume this project will not be
beholden to a Project Labor Agreement.
9
We have included coordination to design and permit as well as provisions to implement TCP #11178797 to close the East Loop Road. We have included $10,000 for
interlocking jersey barriers and minor signage/striping to facilitate the North & South loop closures. Temporary control signals, temporary roads, diversion signs off-
site are not included.
10 Pricing is based on factual information regarding existing conditions described in the soils report. If existing conditions vary from those described in the report,
there may be increased costs or time requirements.
11
We do not include any costs associated with any excavated material that contains hazards or toxins at any detectable level as would be determined by laboratory analysis, including material that may be impacted to the extent that it is regulated by any local, state or federal laws or jurisdiction, or would be denied acceptance at a disposal site due to its environmental risk and impacted nature. We also have not included any work associated with the handling, transporting, disposing or containment of any hazardous, toxic, or thermal irritant or contaminant solid, liquid, gaseous, or any container or portion of the work which involves or includes
such substances.
12 Non-hazardous, contaminated soil hauled to a permitted local facility, such as SoilSafe, CleanEarth, or a landfill will be charged a premium rate of $45/ton.
13 We have included undercut per detail shown on C-457 at pipes without deep foundations. We do not include undercutting below design subgrade and
replacement of undercut materials in any other areas.
14 We do not include rock excavation, removal of obstructions, or any work related to obstructions for support of excavation, caissons, auger cast piles, or other deep
foundation work. Rock is defined as any material that cannot be drilled using standard earth augers.
15
We have included demolition of Phase 1 existing structures only as shown on sheets C-200 thru C-221 that conflict with new work. We assume that any required demolition of the existing storm pipe and associated structures will occur with Stadium construction. We additionally do not include capping, closing,
abandonment and/or relocation of any existing utilities with the exception of the existing Phase l storm sewer line shown in the documents.
16 We have included a pre-construction CCTV survey of the existing storm sewer pipe to be relocated only.
17
We have included monitoring as required by DDOT at the existing bridges on C Street & Independence Avenue per the contract documents for the duration of our work through substantial completion. We have not included any other settlement analysis, noise monitoring, vibration monitoring, survey monitoring of adjacent
structures or roads, WMATA monitoring, global stability analysis, or finite element analysis.
18 We do not include any liability and/or responsibility for adverse effects, loss, or damage, arising out of or resulting from the lowering, migration and/or
movement of groundwater, ground loss, or ground movements whether directly or indirectly associated with the Work.
19 Our proposal is based on discharging water to the storm sewer. We do not include utility company charges for discharge of water to the storm sewer or sanitary
sewer.
20 We have included costs for temporary asphalt repaving and sidewalk refinishing of existing conditions, including in-kind signage. We include seeding and/or
sodding of softscape areas. We have not included any scope to return hardscape/softscape to their original or proposed conditions.
21 We have not included any fees to remove Heritage or Special trees, as we assume these are covered under the submitted Phase 1 tree protection plan, dated
12/29/2026.
22 We assume all DDOT deposit fees, application fees and public inconvenience fees are waived.
23 We have excluded stormwater system beyond Phase I of BCIV2500224. If further facilities are required to capture the drainage area shown on C-460, C-460A, and
C-461 these are assumed to be by others .
24 We assume there are no utility bonds required for this work.

EXHIBIT E

CONSTRUCTION SCHEDULE

[SEE ATTACHED]
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
COMMANDERS STADIUM - LIVE - BASELINE DEVELOPMENT - DD:2026-03-01 (VIEWSCAPE OPTION)COMMANDERS STADIUM - LIVE - BASELINE DEVELOPMENT - DD:2026-03-01 (VIEWSCAPE OPTION)596 41709-Jun-25 A29-Oct-27
DEVELOPMENT / DESIGN / CONSTRUCTION SCHEDULEDEVELOPMENT / DESIGN / CONSTRUCTION SCHEDULE 596 41709-Jun-25 A29-Oct-27
Early Start and Enabling WorkEarly Start and Enabling Work 596 41709-Jun-25 A29-Oct-27
Early Start and Enabling DesignEarly Start and Enabling Design 145 0 09-Jun-25 A24-Dec-25 A
54" Storm Sewer Relocation54" Storm Sewer Relocation 145 0 09-Jun-25 A24-Dec-25 A
CIVIL-1000 KH Completes 54" Storm Relocation Design 53 0 09-Jun-25 A19-Nov-25 A
CIVIL-1010 KH Holds Initial Meeting with DC Water 0 0 24-Jun-25 A
CIVIL-1350 Commanders Issue Bid Documents - 54" Storm Line Relocation20 0 19-Nov-25 A24-Dec-25 A
Early Start and Enabling PermittingEarly Start and Enabling Permitting 275 8009-Jun-25 A24-Jun-26
54" Storm Sewer Relocation54" Storm Sewer Relocation 275 8009-Jun-25 A24-Jun-26
DOB Building Civl (BCIV) PermitDOB Building Civl (BCIV) Permit 88 0 09-Jun-25 A16-Jan-26 A
PERM-1000 Kimley Horn Submits 54" Relocation Documents to DOB 53 0 09-Jun-25 A19-Sep-25 A
PERM-1010 DOB Reviews and Approves BCIV for 54" Relocation Permit88 0 19-Sep-25 A15-Jan-26 A
PERM-1020 DOB Issues BCIV Permit for 54" Storm Relocation 0 0 16-Jan-26 A
DC Water PermitsDC Water Permits 203 0 09-Jun-25 A06-Feb-26 A
PERM-1030 Kimley-Horn Submits Drawings to DC Water - 54" Storm Relocation53 0 09-Jun-25 A19-Nov-25 A
PERM-1040 DC Water Reviews and Approves Drawings - 54" Storm Relocation88 0 19-Nov-25 A06-Feb-26 A
PERM-1050 54" Storm Relocation Design Approved by DC Water 0 0 06-Feb-26 A
Public Space PermitsPublic Space Permits 203 0 09-Jun-25 A16-Jan-26 A
PERM-1060 Kimley-Horn Submits Permit Documents to DDOT - 54" Storm Relo.53 0 09-Jun-25 A19-Nov-25 A
PERM-1070 DDOT Reviews and Approves Public Space Permit - 54" Storm Relo.88 0 19-Nov-25 A15-Jan-26 A
PERM-1080 DDOT Issues Public Space Permit - 54" Storm Relo. 0 0 16-Jan-26 A
WMA TA ApprovalsWMA TA Approvals 275 9 09-Jun-25 A12-Mar-26
PERM-2150 Kimley-Horn Submits Documents to WMATA - 54" Storm Relo.53 0 09-Jun-25 A20-Nov-25 A
PERM-2160 WMATA Reviews and Approves Public Space Permit - 54" Storm Relo.160 9 19-Nov-25 A12-Mar-26
PERM-2170 WMATA Adjacent Work Approved - 54" Storm Relo. 0 0 12-Mar-26
DOEE Dewatering PermitDOEE Dewatering Permit 30 3012-May-2624-Jun-26
PERM-2120 DOEE Reviews and Approves Dewatering Permit - 54" Storm Relo.30 3012-May-2624-Jun-26
PERM-2140 DOB Reviews and Approves Deep Well Permit - 54" Storm Relo.10 1012-May-2626-May-26
PERM-2130 DOEE Issues Dewatering Permit - 54" Storm Relo. 0 0 24-Jun-26
Early Start and Enabling ProcurementEarly Start and Enabling Procurement 109 8022-Dec-25 A24-Jun-26
54" Storm Sewer Relocation54" Storm Sewer Relocation 109 8022-Dec-25 A24-Jun-26
PurchasingPurchasing 54 2522-Dec-25 A03-Apr-26
PUR-1000 C/M/S Bid 54" Storm Relocation Trades 40 0 22-Dec-25 A06-Feb-26 A
PUR-1090 Commanders Approve Pricing - 54" Storm Relocation 10 5 09-Feb-26 A06-Mar-26
PUR-2150 Commanders Review and Approve DSA with RFK PMO 5 5 02-Mar-2606-Mar-26
PUR-2160 RFK PMO Submits DSA to DC Council 5 5 09-Mar-2613-Mar-26
PUR-2170 DC Council Reviews and Approves DSA 10 1016-Mar-2627-Mar-26
PUR-1340 C/M/S Awards 54" Storm Relocation Trades 5 5 30-Mar-2603-Apr-26
PUR-2180 Notice to Proceed - Storm Relocation Project 0 0 30-Mar-26
Material ProcurementMaterial Procurement 55 5506-Apr-2624-Jun-26
DewateringDewatering 35 3513-Apr-2602-Jun-26
SUB-1120 Prepare and Submit Dewatering Plan - 54" Storm Line Relocation20 2013-Apr-2611-May-26
FAB-1120 Mobilize Dewatering Contractor - 54" Storm Line Relocation5 5 27-May-2602-Jun-26
Suport of ExcavationSuport of Excavation 45 4506-Apr-2609-Jun-26
SUB-1140 Prepare and Submit SOE Drawings - 54" Storm Line Relocation15 1506-Apr-2627-Apr-26
SUB-1150 Review and Approve SOE Drawings - 54" Storm Line Relocation10 1028-Apr-2611-May-26
FAB-1130 Fabricate and Deliver SOE Materials - 54" Storm Line Relocation20 2012-May-2609-Jun-26
Deep FoundationsDeep Foundations 55 5506-Apr-2624-Jun-26
SUB-1160 Prepare and Submit Deep Foundations - 54" Storm Line Relocation15 1506-Apr-2627-Apr-26
SUB-1170 Review and Approve Deep Foundations - 54" Storm Line Relocation10 1028-Apr-2611-May-26
FAB-1140 Fabricate and Deliver Deep Foundations - 54" Storm Line Relocation30 3012-May-2624-Jun-26
Pipe and StructuresPipe and Structures 55 5506-Apr-2624-Jun-26
SUB-1000 Prepare and Submit 54" Storm Relocation Material Submittals15 1506-Apr-2627-Apr-26
SUB-1010 Review and Approve 54" Storm Relocation Material Submittals10 1028-Apr-2611-May-26
FAB-1000 Fabricate and Deliver 54" Storm Relocation Materials 30 3012-May-2624-Jun-26
Early Start and Enabling ConstructionEarly Start and Enabling Construction 456 41223-Oct-25 A29-Oct-27
54" Storm Sewer Relocation54" Storm Sewer Relocation 412 41206-Mar-2629-Oct-27
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
2026 2027 2028
KH Completes 54" Storm Relocation Design
Commanders Issue Bid Documents - 54" Storm Line Relocation
Kimley Horn Submits 54" Relocation Documents to DOB
DOB Reviews and Approves BCIV for 54" Relocation Permit
DOB Issues BCIV Permit for 54" Storm Relocation
Kimley-Horn Submits Drawings to DC Water - 54" Storm Relocation
DC Water Reviews and Approves Drawings - 54" Storm Relocation
54" Storm Relocation Design Approved by DC Water
Kimley-Horn Submits Permit Documents to DDOT - 54" Storm Relo.
DDOT Reviews and Approves Public Space Permit - 54" Storm Relo.
DDOT Issues Public Space Permit - 54" Storm Relo.
Kimley-Horn Submits Documents to WMATA - 54" Storm Relo.
WMATA Reviews and Approves Public Space Permit - 54" Storm Relo.
WMATA Adjacent Work Approved - 54" Storm Relo.
DOEE Reviews and Approves Dewatering Permit - 54" Storm Relo.
DOB Reviews and Approves Deep Well Permit - 54" Storm Relo.
DOEE Issues Dewatering Permit - 54" Storm Relo.
C/M/S Bid 54" Storm Relocation Trades
Commanders Approve Pricing - 54" Storm Relocation
Commanders Review and Approve DSA with RFK PMO
RFK PMO Submits DSA to DC Council
DC Council Reviews and Approves DSA
C/M/S Awards 54" Storm Relocation Trades
Notice to Proceed - Storm Relocation Project
Prepare and Submit Dewatering Plan - 54" Storm Line Relocation
Mobilize Dewatering Contractor - 54" Storm Line Relocation
Prepare and Submit SOE Drawings - 54" Storm Line Relocation
Review and Approve SOE Drawings - 54" Storm Line Relocation
Fabricate and Deliver SOE Materials - 54" Storm Line Relocation
Prepare and Submit Deep Foundations - 54" Storm Line Relocation
Review and Approve Deep Foundations - 54" Storm Line Relocation
Fabricate and Deliver Deep Foundations - 54" Storm Line Relocation
Prepare and Submit 54" Storm Relocation Material Submittals
Review and Approve 54" Storm Relocation Material Submittals
Fabricate and Deliver 54" Storm Relocation Materials
Project ID: PU-LIVE-BL DEV DATA DATE: 01-Mar-26 | DATE PRINTED: 09-Mar-26
Remaining Level of Effort
Actual Level of Effort
Actual Work
Critical Remaining Work
Remaining Work
Milestone RFK Stadium Storm Sewer Relocation Project
Preliminary Construction Schedule REV1: March 9,2026
Page 1 of 4

Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
E&S Controls MeasuresE&S Controls Measures 50 5006-Mar-2618-May-26
RELO-1060 BCIV Permit Received / Precon Held 0 0 06-Mar-26
RELO-1680 Mobilize E&S Contractor 5 5 06-Apr-2610-Apr-26
RELO-1690 Install Phase 1 E&S Controls 5 5 13-Apr-2620-Apr-26
RELO-2270 Prep Deep Foundations Bench / Access Roads 20 2021-Apr-2618-May-26
Maintenance of Traffic (MOT) PhasesMaintenance of Traffic (MOT) Phases 316 31613-Apr-2621-Jul-27
RELO-2170 East Loop Road Closed to Traffic 0 0 13-Apr-26
RELO-2180 North Loop Road Closed to Traffic 0 0 10-Jun-26
RELO-2190 South Loop Road Closed to Traffic 0 0 21-Jul-27
DewateringDewatering 253 25303-Jun-2608-Jun-27
RELO-1080 Drill / Install Dewatering Wells (North Alignment) 20 2003-Jun-2601-Jul-26
RELO-1700 Drill / Install Dewatering Wells (South Alignment) 20 2003-Jun-2601-Jul-26
RELO-1070 Dewatering / Discharge Permit Received 0 0 24-Jun-26
RELO-1100 Mobilize Dewatering Pumps / Treatment Equipment 15 1502-Jul-26 23-Jul-26
RELO-2280 Drill / Install Dewatering Wells (Junction Structure) 5 5 02-Jul-26 09-Jul-26
RELO-1110 Dewatering of Initial Excavated Areas 15 1524-Jul-26 13-Aug-26
RELO-2130 Demobilize Dewatering System - North 10 1018-Mar-2731-Mar-27
RELO-2120 Demobilize Dewatering System - South 10 1025-May-2708-Jun-27
Junction StructureJunction Structure 175 17525-Jun-2610-Mar-27
Deep FoundationsDeep Foundations 10 1025-Jun-2609-Jul-26
RELO-1120 Drill / Install Deep Foundations at Structure J1 10 1025-Jun-2609-Jul-26
SOE / ExcavationSOE / Excavation 25 2514-Aug-2618-Sep-26
RELO-1140 Install SOE / Excavate to Subgrade - J1 Receiving Pit 15 1514-Aug-2603-Sep-26
RELO-1430 Install SOE / Excavate to Subgrade - N1 Approach Pit 10 1014-Aug-2627-Aug-26
RELO-1170 Install SOE / Excavate to Subgrade - S2 Approach Pit 10 1004-Sep-2618-Sep-26
Jack and Bore PipingJack and Bore Piping 70 7021-Sep-2604-Jan-27
RELO-1180 Jack and Bore S2 to J1 30 3021-Sep-2602-Nov-26
RELO-1440 Jack and Bore N1 to J1 40 4003-Nov-2604-Jan-27
StructuresStructures 45 4505-Jan-2710-Mar-27
RELO-2020 Build Junction Structure J1 45 4505-Jan-2710-Mar-27
South Storm Relocation - Phase 1South Storm Relocation - Phase 1 267 26710-Jul-26 04-Aug-27
Deep FoundationsDeep Foundations 42 4210-Jul-26 08-Sep-26
RELO-1150 Drill / Install Deep Foundations at Structure S2 4 4 10-Jul-26 15-Jul-26
RELO-1810 Drill / Install Deep Foundations at Structure S3 4 4 16-Jul-26 21-Jul-26
RELO-1820 Drill / Install Deep Foundations at Structure S4 4 4 22-Jul-26 27-Jul-26
RELO-1830 Drill / Install Deep Foundations at Structure S5 4 4 28-Jul-26 31-Jul-26
RELO-1840 Drill / Install Deep Foundations at Structure S6 4 4 03-Aug-2606-Aug-26
RELO-1850 Drill / Install Deep Foundations at Structure S7 4 4 07-Aug-2612-Aug-26
RELO-1860 Drill / Install Deep Foundations at S7 to S8 (QTY: 24) 10 1013-Aug-2626-Aug-26
RELO-1870 Drill / Install Deep Foundations at Structure S8 4 4 27-Aug-2601-Sep-26
RELO-1880 Drill / Install Deep Foundations at Structure S9 4 4 02-Sep-2608-Sep-26
SOE / ExcavationSOE / Excavation 35 3521-Sep-2609-Nov-26
RELO-1940 Install SOE / Excavate Structure S3 5 5 21-Sep-2625-Sep-26
RELO-1950 Install SOE / Excavate Structure S4 5 5 28-Sep-2602-Oct-26
RELO-1960 Install SOE / Excavate Structure S5 5 5 05-Oct-2609-Oct-26
RELO-1970 Install SOE / Excavate Structure S6 5 5 13-Oct-2619-Oct-26
RELO-1980 Install SOE / Excavate Structure S7 5 5 20-Oct-2626-Oct-26
RELO-2000 Install SOE / Excavate Structure S8 5 5 27-Oct-2602-Nov-26
RELO-2010 Install SOE / Excavate Structure S9 5 5 03-Nov-2609-Nov-26
StructuresStructures 120 12028-Sep-2624-Mar-27
RELO-1210 Build Manhole Structure S3 15 1528-Sep-2619-Oct-26
RELO-1230 Build Manhole Structure S4 15 1520-Oct-2609-Nov-26
RELO-1250 Build Manhole Structure S5 15 1510-Nov-2603-Dec-26
RELO-1270 Build Manhole Structure S6 15 1504-Dec-2624-Dec-26
RELO-1290 Build Manhole Structure S7 15 1528-Dec-2619-Jan-27
RELO-1310 Build Manhole Structure S8 15 1520-Jan-2709-Feb-27
RELO-1330 Build Manhole Structure S9 15 1510-Feb-2703-Mar-27
RELO-1190 Build Manhole Structure S2 15 1504-Mar-2724-Mar-27
Pipe and BackfillPipe and Backfill 182 18210-Nov-2604-Aug-27
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
2026 2027 2028
BCIV Permit Received / Precon Held
Mobilize E&S Contractor
Install Phase 1 E&S Controls
Prep Deep Foundations Bench / Access Roads
East Loop Road Closed to Traffic
North Loop Road Closed to Traffic
South Loop Road Closed to Traffic
Drill / Install Dewatering Wells (North Alignment)
Drill / Install Dewatering Wells (South Alignment)
Dewatering / Discharge Permit Received
Mobilize Dewatering Pumps / Treatment Equipment
Drill / Install Dewatering Wells (Junction Structure)
Dewatering of Initial Excavated Areas
Demobilize Dewatering System - North
Demobilize Dewatering System - South
Drill / Install Deep Foundations at Structure J1
Install SOE / Excavate to Subgrade - J1 Receiving Pit
Install SOE / Excavate to Subgrade - N1 Approach Pit
Install SOE / Excavate to Subgrade - S2 Approach Pit
Jack and Bore S2 to J1
Jack and Bore N1 to J1
Build Junction Structure J1
Drill / Install Deep Foundations at Structure S2
Drill / Install Deep Foundations at Structure S3
Drill / Install Deep Foundations at Structure S4
Drill / Install Deep Foundations at Structure S5
Drill / Install Deep Foundations at Structure S6
Drill / Install Deep Foundations at Structure S7
Drill / Install Deep Foundations at S7 to S8 (QTY: 24)
Drill / Install Deep Foundations at Structure S8
Drill / Install Deep Foundations at Structure S9
Install SOE / Excavate Structure S3
Install SOE / Excavate Structure S4
Install SOE / Excavate Structure S5
Install SOE / Excavate Structure S6
Install SOE / Excavate Structure S7
Install SOE / Excavate Structure S8
Install SOE / Excavate Structure S9
Build Manhole Structure S3
Build Manhole Structure S4
Build Manhole Structure S5
Build Manhole Structure S6
Build Manhole Structure S7
Build Manhole Structure S8
Build Manhole Structure S9
Build Manhole Structure S2
Project ID: PU-LIVE-BL DEV DATA DATE: 01-Mar-26 | DATE PRINTED: 09-Mar-26
Remaining Level of Effort
Actual Level of Effort
Actual Work
Critical Remaining Work
Remaining Work
Milestone RFK Stadium Storm Sewer Relocation Project
Preliminary Construction Schedule REV1: March 9,2026
Page 2 of 4

Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
RELO-1240 Trench / Structure / Pipe / Backfill S3 - S4 (60 LF) 10 1010-Nov-2624-Nov-26
RELO-1260 Trench / Structure / Pipe / Backfill S4 - S5 (200 LF) 25 2504-Dec-2611-Jan-27
RELO-1280 Trench / Structure / Pipe / Backfill S5 - S6 (250 LF) 27 2712-Jan-2719-Feb-27
RELO-1300 Trench / Structure / Pipe / Backfill S6 - S7 (270 LF) 32 3222-Feb-2706-Apr-27
RELO-1220 Trench / Structure / Pipe / Backfill S2 - S3 (225 LF) 25 2507-Apr-2711-May-27
RELO-1320 Trench / Structure / Pipe / Backfill S7 - S8 (85 LF) 9 9 12-May-2724-May-27
RELO-1340 Trench / Structure / Pipe / Backfill S8 - S9 (170 LF) 15 1525-May-2715-Jun-27
RELO-1360 Trench / Structure / Pipe / Backfill S9 - XS6 (150 LF) 14 1416-Jun-2707-Jul-27
RELO-2030 Trench / Pipe / Backfill Lateral S5 - XS2-1 (115 LF) 5 5 08-Jul-27 14-Jul-27
RELO-2040 Trench / Pipe / Backfill Lateral S8 - S8-1 (100 LF) 4 4 15-Jul-27 20-Jul-27
RELO-2050 Trench / Pipe / Backfill Lateral S9 - XS3-5 (70 LF) 3 3 21-Jul-27 23-Jul-27
RELO-2060 Trench / Pipe / Backfill Lateral S9 - XS5-1 (40 LF) 3 3 26-Jul-27 28-Jul-27
RELO-2250 DC Water Inspects and Approves South Storm Alignment 5 5 29-Jul-27 04-Aug-27
RELO-2110 New South Storm Aligment Complete 0 0 04-Aug-27
North Storm Relocation - Phase 1North Storm Relocation - Phase 1 277 27725-Jun-2604-Aug-27
Deep FoundationsDeep Foundations 101 10125-Jun-2618-Nov-26
RELO-1410 Drill / Install Deep Foundations at Structure N1 4 4 25-Jun-2630-Jun-26
RELO-1710 Drill / Install Deep Foundations N1 to N2 (QTY : 76) 25 2501-Jul-26 05-Aug-26
RELO-1460 Drill / Install Deep Foundations at Structure N2 4 4 06-Aug-2611-Aug-26
RELO-1720 Drill / Install Deep Foundations N2 to N3 (QTY : 44) 15 1512-Aug-2601-Sep-26
RELO-1510 Drill / Install Deep Foundations at Structure N3 4 4 02-Sep-2608-Sep-26
RELO-1730 Drill / Install Deep Foundations at N3 to N4 (QTY 6) 3 3 09-Sep-2611-Sep-26
RELO-1560 Drill / Install Deep Foundations at Structure N4 4 4 14-Sep-2617-Sep-26
RELO-1740 Drill / Install Deep Foundations N4 to N5 (QTY : 24) 10 1018-Sep-2601-Oct-26
RELO-1750 Drill / Install Deep Foundations at Structure N5 4 4 02-Oct-2607-Oct-26
RELO-1760 Drill / Install Deep Foundations N5 to N7 (QTY : 26) 10 1008-Oct-2622-Oct-26
RELO-1770 Drill / Install Deep Foundations at Structure N7 4 4 23-Oct-2628-Oct-26
RELO-1780 Drill / Install Deep Foundations at N7 to N8 (QTY: 32) 10 1029-Oct-2612-Nov-26
RELO-1790 Drill / Install Deep Foundations at Structure N8 4 4 13-Nov-2618-Nov-26
SOE / ExcavationSOE / Excavation 61 6128-Aug-2625-Nov-26
RELO-1470 Install SOE / Excavate Structure N2 5 5 28-Aug-2603-Sep-26
RELO-1520 Install SOE / Excavate Structure N3 5 5 09-Sep-2615-Sep-26
RELO-1570 Install SOE / Excavate Structure N4 5 5 18-Sep-2624-Sep-26
RELO-1890 Install SOE / Excavate Structure N5 5 5 08-Oct-2615-Oct-26
RELO-1900 Install SOE / Excavate Structure N7 5 5 29-Oct-2604-Nov-26
RELO-1910 Install SOE / Excavate Structure N8 5 5 19-Nov-2625-Nov-26
Manhole StructuresManhole Structures 105 10504-Sep-2609-Feb-27
RELO-1480 Build Manhole Structure N2 15 1504-Sep-2625-Sep-26
RELO-1530 Build Manhole Structure N3 15 1528-Sep-2619-Oct-26
RELO-1580 Build Manhole Structure N4 15 1520-Oct-2609-Nov-26
RELO-1600 Build Manhole Structure N5 15 1510-Nov-2603-Dec-26
RELO-1640 Build Manhole Structure N7 15 1504-Dec-2624-Dec-26
RELO-1660 Build Manhole Structure N8 15 1528-Dec-2619-Jan-27
RELO-1450 Build Manhole Structure N1 15 1520-Jan-2709-Feb-27
Storm Pipe RunsStorm Pipe Runs 197 19720-Oct-2604-Aug-27
RELO-1490 Trench / Structure / Pipe / Backfill N2 to N3 (200 LF) 35 3520-Oct-2610-Dec-26
RELO-1500 Trench / Structure / Pipe / Backfill N3 to N4 (180 LF) 27 2711-Dec-2621-Jan-27
RELO-1550 Trench / Structure / Pipe / Backfill N4 to N5 (140 LF) 20 2022-Jan-2719-Feb-27
RELO-1590 Trench / Structure / Pipe / Backfill N5 to N7 (120 LF) 18 1822-Feb-2717-Mar-27
RELO-1610 Trench / Structure / Pipe / Backfill N7 to N8 (115 LF) 15 1518-Mar-2707-Apr-27
RELO-1540 Trench / Structure / Pipe / Backfill N1 to N2 (310 LF) 40 4008-Apr-2703-Jun-27
RELO-2070 Trench / Manhole / Pipe / Backfill Lateral X2 - N1-3 (170 LF)20 2004-Jun-2702-Jul-27
RELO-2080 Trench / Pipe / Backfill Lateral N2 - XN2 (165 LF) 10 1006-Jul-27 19-Jul-27
RELO-2090 Trench / Pipe / Backfill Lateral N5 - XN4 (90 LF) 7 7 20-Jul-27 28-Jul-27
RELO-2260 DC Water Inspects and Approves North Storm Alignment 5 5 29-Jul-27 04-Aug-27
RELO-2100 New North Storm Alignment Complete 0 0 04-Aug-27
Abandonment of ExistingAbandonment of Existing 25 2505-Aug-2709-Sep-27
RELO-2140 Divert Storm Water Outfall to New System 10 1005-Aug-2718-Aug-27
RELO-2160 Existing Storm Line Ready for Demolition 0 0 18-Aug-27
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
2026 2027 2028
Trench / Structure / Pipe / Backfill S3 - S4 (60 LF)
Trench / Structure / Pipe / Backfill S4 - S5 (200 LF)
Trench / Structure / Pipe / Backfill S5 - S6 (250 LF)
Trench / Structure / Pipe / Backfill S6 - S7 (270 LF)
Trench / Structure / Pipe / Backfill S2 - S3 (225 LF)
Trench / Structure / Pipe / Backfill S7 - S8 (85 LF)
Trench / Structure / Pipe / Backfill S8 - S9 (170 LF)
Trench / Structure / Pipe / Backfill S9 - XS6 (150 LF)
Trench / Pipe / Backfill Lateral S5 - XS2-1 (115 LF)
Trench / Pipe / Backfill Lateral S8 - S8-1 (100 LF)
Trench / Pipe / Backfill Lateral S9 - XS3-5 (70 LF)
Trench / Pipe / Backfill Lateral S9 - XS5-1 (40 LF)
DC Water Inspects and Approves South Storm Alignment
New South Storm Aligment Complete
Drill / Install Deep Foundations at Structure N1
Drill / Install Deep Foundations N1 to N2 (QTY: 76)
Drill / Install Deep Foundations at Structure N2
Drill / Install Deep Foundations N2 to N3 (QTY: 44)
Drill / Install Deep Foundations at Structure N3
Drill / Install Deep Foundations at N3 to N4 (QTY 6)
Drill / Install Deep Foundations at Structure N4
Drill / Install Deep Foundations N4 to N5 (QTY: 24)
Drill / Install Deep Foundations at Structure N5
Drill / Install Deep Foundations N5 to N7 (QTY: 26)
Drill / Install Deep Foundations at Structure N7
Drill / Install Deep Foundations at N7 to N8 (QTY: 32)
Drill / Install Deep Foundations at Structure N8
Install SOE / Excavate Structure N2
Install SOE / Excavate Structure N3
Install SOE / Excavate Structure N4
Install SOE / Excavate Structure N5
Install SOE / Excavate Structure N7
Install SOE / Excavate Structure N8
Build Manhole Structure N2
Build Manhole Structure N3
Build Manhole Structure N4
Build Manhole Structure N5
Build Manhole Structure N7
Build Manhole Structure N8
Build Manhole Structure N1
Trench / Structure / Pipe / Backfill N2 to N3 (200 LF)
Trench / Structure / Pipe / Backfill N3 to N4 (180 LF)
Trench / Structure / Pipe / Backfill N4 to N5 (140 LF)
Trench / Structure / Pipe / Backfill N5 to N7 (120 LF)
Trench / Structure / Pipe / Backfill N7 to N8 (115 LF)
Trench / Structure / Pipe / Backfill N1 to N2 (310 LF)
Trench / Manhole / Pipe / Backfill Lateral X2 - N1-3 (170 LF)
Trench / Pipe / Backfill Lateral N2 - XN2 (165 LF)
Trench / Pipe / Backfill Lateral N5 - XN4 (90 LF)
DC Water Inspects and Approves North Storm Alignment
New North Storm Alignment Complete
Divert Storm Water Outfall to New System
Existing Storm Line Ready for Demolition
Project ID: PU-LIVE-BL DEV DATA DATE: 01-Mar-26 | DATE PRINTED: 09-Mar-26
Remaining Level of Effort
Actual Level of Effort
Actual Work
Critical Remaining Work
Remaining Work
Milestone RFK Stadium Storm Sewer Relocation Project
Preliminary Construction Schedule REV1: March 9,2026
Page 3 of 4

Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
RELO-2150 Abandon in Place Portions of Existing Storm System 10 1019-Aug-2701-Sep-27
RELO-2220 DC Water Approves Abandonment of Existing Systems 5 5 02-Sep-2709-Sep-27
Site Restoration and DemobilizationSite Restoration and Demobilization 169 16901-Mar-2729-Oct-27
RELO-2290 Ready for Stadium Construction Start 0 0 01-Mar-27*
RELO-2200 Demobilize Utility Contractor 5 5 26-Aug-2701-Sep-27
RELO-2210 Final T opsoil and Seed Distrubed Areas 10 1002-Sep-2716-Sep-27
RELO-2230 Site Restoration Punchlist Compeltion 5 5 17-Sep-2723-Sep-27
RELO-2240 Substantial Completion - Storm Relocation Project 0 0 23-Sep-27*
RELO-2300 Final Completion - Storm Relocation Project 0 0 29-Oct-27*
Stadium Structural Enabling WorkStadium Structural Enabling Work 20 0 23-Oct-25 A23-Oct-25 A
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
2026 2027 2028
Abandon in Place Portions of Existing Storm System
DC Water Approves Abandonment of Existing Systems
Ready for Stadium Construction Start
Demobilize Utility Contractor
Final T opsoil and Seed Distrubed Areas
Site Restoration Punchlist Compeltion
Substantial Completion - Storm Relocation Project
Final Completion - Storm Relocation Project
Project ID: PU-LIVE-BL DEV DATA DATE: 01-Mar-26 | DATE PRINTED: 09-Mar-26
Remaining Level of Effort
Actual Level of Effort
Actual Work
Critical Remaining Work
Remaining Work
Milestone RFK Stadium Storm Sewer Relocation Project
Preliminary Construction Schedule REV1: March 9,2026
Page 4 of 4

EXHIBIT F

FORM OF APPLICATION FOR PAYMENT
[SEE ATTACHED]

Page 1 of 2

APPLICATION FOR PAYMENT

Payee:
[Developer Entity Name]
[Developer Entity Address]

Project Name:

Application for
Payment Number:

Application for
Payment Amount ($):

Application for Payment Date:

Period of Performance
Under This Application for Payment:

[Developer Entity Name], as Payee hereunder, submits this Application for Payment (“Payment Application”) under
that certain Development Services Agreement dated as of [___________________, 2026] (the “Agreement”) for the
payment of Costs incurred by Payee for the above referenced Project. The following documentation is attached in
support of this Payment Application:
Attachment A: Invoice and Disbursement Summary
Attachment B: Costs Summary
Attachment C: Statement of Materials Stored Off-Site, if Applicable
Attachment D: Lien Waivers for Costs included in Payment Application
Payee certifies that the Costs included in Attachment A are “Eligible Costs” as defined in the Agreement. Payee
certifies that it has reviewed and submitted payment applications for parties that performed the work for which
costs are covered under this Payment Application and Payee has confirmed, and has caused such parties to
confirm, that: (1) all amounts paid pursuant to the previous Payment Applications, if any, were attributable to work
comprising the Project or to materials or equipment being supplied by any supplier and were either (i) paid to Payee
as a reimbursement or (ii) paid to the appropriate contractor, subcontractors, and suppliers in accordance with the
requirements of the contracts or similar agreements signed by such entities; (2) all amounts currently sought by
Payee to be paid to a contractor or to such contractor’s subcontractors and material or equipment suppliers for
work comprising the Project or supply of materials or equipment are currently due and owing for such contractor or
such contractor’s subcontractors and material or equipment suppliers; (3) all work comprising the Project, and all
related materials or equipment, for which payment is sought is, to the best of a contractor’s or its subcontractor’s
knowledge, free from defect and meets all of the requirements set forth in the Agreement; and (4) all contracts and
subcontracts include the clauses required by subparagraphs (1) through (5) of D.C. Official Code § 2-221.02(d).
Page 2 of 2

Payee further certifies that the costs included in this Payment Application are intended to be paid to the parties
that performed the work comprising the Project. By submitting this Payment Application, Payee is deemed to have
restated the representations and warranties in the Agreement and certifies that the same remain true and correct
as of the date of this Payment Application.
The person signing this Payment Application on behalf of Payee certifies that it is authorized to submit this
Payment Application on behalf of Payee and acknowledges that (1) the District of Columbia is relying on the
statements included in this Payment Application, including the Attachments and other supporting documentation
attached hereto or submitted herewith), as true, and (2) any false statement contained in this Payment Application,
including the Attachments and other supporting documentation, may be punishable by criminal penalties
pursuant to the laws of the District of Columbia.

PAYEE
[Developer Entity Name]

BY: ________________________________
Name: _____________________________
Title: _______________________________

ATTACHMENT A
INVOICE AND DISBURSEMENT SUMMARY

INVOICE
[DeveloperEntityName]
[ADDRESS] InvoiceNo.

faceDistAgencyNae}
tastes)

SEEDETAILEDDISBURSEMENTSUMMARY ON PAGE2
1
DISBURSEMENT SUMMARY
[DeveloperEntityName]
ace end

aoeeed

Neca) Ee urd

TotalforPeriodofPerformance$
[ItemizedVendorInvoicesAttached]

ATTACHMENT B
COSTS SUMMARY

Project Name:

Application for
Payment Number:

Costs Included in Application for Payment =

Costs Included in Application for Payment
Drawn From Contingency =

Cumulative Costs Drawn From Contingency as of the
Application for Payment Date (inclusive of amounts
contained in this Application for Payment)
(in $ and % of entire Contingency Amount) =

Costs Included in Application for Payment
Drawn From Allowance =

Cumulative Costs Drawn From Allowance as of the
Application for Payment Date (inclusive of amounts
contained in this Application for Payment)
(in $ and % of entire Allowance Amount) =

Costs of Project Work Completed as of the
Application for Payment Date =

Current Estimate of Remaining Costs of Project =

SEE ATTACHED, job cost ledgers from contractors and the Project Budget showing, by line item, current estimate of
remaining costs of Project.

ATTACHMENT C
STATEMENT OF MATERIALS STORED OFF-SITE

Project Name:

Application for
Payment Number:

Instructions: Payee shall complete the table below for any costs included in the Application for Payment for materials stored at the RFK Campus or at
other locations but not yet incorporated in the work.

Vendor Name
Amount Requested in
Application for Payment

Description of Materials

Location at Which Materials are Stored

Payee represents that it has inspected such materials and found them to be free from defect and otherwise in conformity with the Agreement. Payee
further represents that such materials are insured under the builder’s risk policy maintained by Payee and, for any materials stored at a location other
than the RFK Campus, the materials are stored within an insured and bonded warehouse or secured yard, and the District of Columbia is granted a
senior, perfected lien on such materials. Payee shall provide evidence of the foregoing to the District of Columbia, at its request.
PAYEE
[Developer Entity Name]

BY: ________________________________
Name: _____________________________
Title: _______________________________

ATTACHMENT D
LIEN WAIVERS FOR COSTS INCLUDED IN PAYMENT APPLICATION
(see attached)

EXHIBIT G
DAVIS-BACON AND RELATED ACTS, PROVISIONS,
PROCEDURES AND WAGE RATES
CFR Title 29: Labor
Subpart A — Davis-Bacon and Related Acts Provisions and Procedures
§ 5.5 Contract Provisions and Related Matters
(a) The Contractor shall insert in full in any contract in excess of $2,000, which
is entered into for the actual construction, alteration or repair, including painting and
decorating, 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 indicated), 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, Provided,
That such modifications are first approved by the Department of Labor):
(i) Minimum Wages. ( A) 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 w ages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe
benefits under S ection 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 contributions 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
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided,
That the employer’s payroll records accurately set forth the ti me spent in each

classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under P aragraph (a)(1)(ii) of
this Section) and the Davis -Bacon poster (WH–1321) shall be posted at all times
by the contractor and its subcontractors 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 conformance with
the wage determination. The contracting officer shall approve an additional
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 performed 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 determination.
(B) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), 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, District of Columbia 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action 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.
(C) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the contracting
officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting 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 classification under this
contract from the 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 another 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 mechanic
the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate acco unt assets for the meeting of obligations
under the plan or program.
(b) Withholding. The (write in name of Federal Agency or the loan or grant
recipient) 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
contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor, so much of the accrued 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, employed or working on 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), all or part of the wages required by the contract, the
(Agency) may, after notice to the contractor, sponsor, applicant, or owner, take such action
as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased.
(c) Payrolls and Basic Records. (A) Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work and preserved for a
period of three years thereafter 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 correc t classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in Section 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 laborer or mechanic include the amount of any costs reasonably

anticipated in providing benefits under a plan or program described in S ection 1(b)(2)(B)
of the Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentice s or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship
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
appropriate federal agency) if the agency is a party to the contract, but if the agency
is not such a party, the contractor will submit the payrolls to the applicant, sponsor,
or owner, as the 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 required to be maintained under 29 CFR 5.5(a)(3)(i), except that full
social security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually
identifying 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. Optional 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 successor site. The
prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide
them upon request to the (write in name of appropriate 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
transmission to the (write in name of agency), 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 violation of this section
for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly
submission to the sponsoring government agency (or the applicant, sponsor, or
owner).
(B) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” 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 required 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 Regulations, 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 during the
payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been
made either 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 applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH –347 shall satisfy the
requirement for submission of the “ Statement of Compliance” 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 T itle 31 of the United States
Code.
(iii) The contractor or subcontractor shall make the records required
under Paragraph (a)(3)(i) of this S ection available for inspection, copying, or
transcription by authorized representatives of the (write the name of the agency) or
the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails
to submit the required records or to make them available, the Federal agency may,
after notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension 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 debarment action pursuant to 29
CFR 5.12.
(d) Apprentices and Trainees
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office
of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his
or her first 90 days of probationary employment as an apprentice in such an

apprenticeship program, who is not individually registered in the program, but who
has been certified 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 apprentice. The allowable ratio of apprentices 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 worke r listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination 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 contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages 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, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that
a different practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work performed unless
they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. 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 trainee must be
paid at not less than the rate specified in the approved program for the trainee’s
level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance 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 determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides
for less than full fringe benefits for apprentices. Any employee listed on the payroll

at a trainee rate who is not registered and participating in a training 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 performed. In addition, any trainee 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. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(iii) Equal Employment Opportunity . The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR part 30.
(e) Compliance With Copeland Act Requirements. The contractor shall
comply with the requirements of 29 CFR part 3, which are incorporated by reference in
this contract.
(f) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts 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 appropriate 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 subcontractor with all the contract clauses in 29 CFR 5.5.
(g) Contract Termination: Debarment. A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(h) 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.
(i) Disputes Concerning Labor Standards. Disputes arising out of the labor
standards 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 subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(1j) Certification of Eligibility. By entering into this contract, the contractor
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 section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
Contract Work Hours and Safety Standards Act. The contractor shall 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 subject to the overtime provisions of
the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in
addition to the clauses required by §5.5(a) or4.6 of part 4 of this title. As used in this
paragraph, the terms laborers and mechanics include watchmen and guards.
(i) Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of 40
hours in such workweek 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 workweek.
(ii) Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the clause set forth in Paragraph (b)(1) of this Section the
contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set
forth in Paragraph (b)(1) of this Section, in the sum of $10.00 for each calendar day
on which such individual was required or permitted to work in excess of the
standard workweek of 40 hours without payment of the overtime wages required
by the clause set forth in Paragraph (b)(1) of this Section.
(iii) 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
Department 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 contractor, 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.

(iv) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in P aragraphs (b)(1) through (4) of this Section
and also a clause requiring the subcontractors 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.
WAGES: SEE ATTACHED

"General Decision Number: DC20250001 12/12/2025
Superseded General Decision Number: DC20240001
State: District of Columbia
Construction Types: Heavy (Heavy and Sewer and Water Line)
and Highway
County: District of Columbia Statewide.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines);
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 02/07/2025
3 02/21/2025
4 02/28/2025
5 05/02/2025
6 05/30/2025
7 06/13/2025
8 07/18/2025
9 07/25/2025
10 08/29/2025
11 09/12/2025
12 11/21/2025
13 11/28/2025
14 12/12/2025
ASBE0024-001 10/01/2024
Rates Fringes
Asbestos Worker/Heat and
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.
----------------------------------------------------------------
ASBE0024-002 10/01/2024
Rates Fringes
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.
----------------------------------------------------------------
ASBE0024-005 10/01/2024
Rates Fringes
Fire Stop Technician.............$ 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.
----------------------------------------------------------------
BOIL0193-001 01/01/2025
Rates Fringes
Boilermakers:....................$ 47.37 25.60
----------------------------------------------------------------
BRDC0001-001 04/27/2025
Rates Fringes
Bricklayer......................$ 38.80 15.17
----------------------------------------------------------------
BRMD0001-004 04/27/2025
Rates Fringes
BRICKLAYER
Refractory (Firebrick)......$ 43.94 17.74
----------------------------------------------------------------
CARP0197-010 05/01/2024
Rates Fringes
Carpenter/Lather.................$ 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
----------------------------------------------------------------
CARP0474-007 05/01/2024
Rates Fringes
DIVER TENDER.....................$ 36.60 14.47
DIVER............................$ 43.92 14.47
----------------------------------------------------------------
ELEC0026-001 06/05/2023
Rates Fringes
Electricians.....................$ 53.00 21.35
----------------------------------------------------------------
ELEC0070-001 05/05/2024
Rates Fringes
Line Construction:
Cable Splicers..............$ 44.56 22%+7.70
Equipment Operators.........$ 44.56 22%+7.70
Groundmen...................$ 18.00 22%+7.70
Linemen.....................$ 44.56 22%+7.70
Truck Driver................$ 23.00 22%+7.70
----------------------------------------------------------------
ENGI0077-001 05/01/2025
Rates Fringes
Power equipment operators:
(HEAVY AND HIGHWAY
CONSTRUCTION)
GROUP 1.....................$ 45.76 13.27+a
GROUP 2.....................$ 43.44 13.27+a
GROUP 3.....................$ 40.73 13.27+a
GROUP 4.....................$ 36.31 13.27+a
GROUP 5.....................$ 31.09 13.27+a
GROUP 6.....................$ 28.39 13.27+a
GROUP 7.....................$ 47.18 13.27+a
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Tower Cranes and Cranes 100 ton and over.
GROUP 2: 35 ton cranes & above, derricks, concrete boom pump,
drill rigs (+50,000 lbs torque), mole, mechanic.
GROUP 3: Cranes, hoists, drill rigs (under 50,000 lbs
torque), tie back machines, paving mixers, tunnel shovels,
batch plants, shields, tunnel mining machines, draglines,
mucking machines, graders in tunnels, pile driving engines,
welder, horizontal directional drill operator, Tug boats.
GROUP 4: Front end loaders, boom trucks, backhoes,
excavators, gradalls, power driven wheel scoops & scrapers,
blade graders, motor graders, bulldozers, trenching
machines, ballast regulator,hoe ram, locomotive (standard,
narrow gauge, tuggers).
GROUP 5: Boilers (skelton), asphalt spreaders, bullfloat
finishing machines, concrete finishing machines, concrete
spreaders,concrete mixer, concrete pump, well points,
hydraulic pumps, elevators, freeze uniits, tunnel motorman
or dinky operator, conveyors, grout pump, fireman, ultra
high pressure water jet cutting tool system
operator/mechanic, horizontal directional drill locator,
skid steers (fine grading), High lifts (lull type lifts).
GROUP 6: Fork lifts, ditch witch, bobcat, skid steer, space
heaters, sweepers, assistant engineers, oilers, service
unit equipment, roller.
GROUP 7: Master mechanic.
a. PAID HOLIDAYS: New Years Day, Inaugural Day, Decoration
Day, Independence Day, Labor Day, Martin Luther King's
Birthday, Veterans' Day, Thanksgiving Day, Friday after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
ENGI0077-002 06/01/2025
Rates Fringes
Power equipment operators:
(PAVING AND INCIDENTAL
GRADING)
GROUP 1.....................$ 37.07 11.17
GROUP 2.....................$ 32.89 11.17
GROUP 3.....................$ 28.09 11.17
GROUP 4.....................$ 25.14 11.17
GROUP 5.....................$ 37.93 10.97
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Gradall operator, Crane.
GROUP 2: Boom Truck, Milling Machine, Excavator, Rubber Tire
Backhoe, Asphalt Paver, Asphalt Plant Engineer, Motor
Grader, Track Loader, Rubber Tire Loader, Track Dozer,
Concrete Paver.
GROUP 3: Broom Truck, Asphalt Roller.
GROUP 4: Air Compressor, Grade Rollers.
GROUP 5: Mechanic.
----------------------------------------------------------------
ENGI0077-003 07/01/2025
Rates Fringes
Power equipment operators:
(SEWER, GAS AND WATER LINE
CONSTRUCTION)
GROUP 1.....................$ 41.40 11.55+a
GROUP 2.....................$ 35.00 11.55+a
GROUP 3.....................$ 33.80 11.55+a
GROUP 4.....................$ 33.26 11.55+a
GROUP 5.....................$ 31.16 11.55+a
GROUP 6.....................$ 25.89 11.55+a
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1:Cranes 50 ton and above.
GROUP 2: Cranes under 50 ton capacity, boom trucks.

GROUP 3: Gradall, Lead Mechanic.
GROUP 4: Excavators, Backhoes, Front-End Loaders, Fork
Lift/Lull, Bulldozers, Motor Graders, Mechanic 1, Hydraulic
Tamper and Hoe Pack, Paving Mixers, Pile Driving Engines,
Batch Plant, Concrete Pumps, Low-Boy Driver, Lube Truck.
GROUP 5.Knuckle Boom, Trenching Machine, Well Drilling
Machines, Concrete Mixers, Assistant Mechanic, Mini
Excavator under 10,000 lbs. gross weight.
GROUP 6:Oiler, Dump Truck, Skid Steer/Bobcat, Rollers.
a.PAID HOLIDAYS: New Year's Day, Inaugural Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, day after Thanksgiving Day and Christmas
Day
----------------------------------------------------------------
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
----------------------------------------------------------------
LABO0011-003 06/01/2025
Rates Fringes
Laborers: (HEAVY AND HIGHWAY
AND SEWER & WATER LINES
CONSTRUCTION)
GROUP 1.....................$ 33.25 8.70
GROUP 2.....................$ 34.27 8.70
GROUP 3.....................$ 34.27 8.70
GROUP 4.....................$ 34.32 8.70
GROUP 5.....................$ 35.00 8.70
GROUP 6.....................$ 35.93 8.70
GROUP 7.....................$ 36.81 8.70
GROUP 8.....................$ 37.95 8.70
LABORERS CLASSIFICATIONS:
GROUP 1: Carloaders, choker setter, concrete crewman, crushed
feeder, demolition laborers, including salvaging all material,
loading, cleaning up, wrecking, dumpmen, flagmen, fence
erector and installer (other than chain link), including
installation and erection of fence, guard rails, medial rails,
reference posts, guide posts and right-of-way markers, form
strippers, general laborers, railroad track laborers, riprap
man, scale man, stake jumper, structure mover, includes
foundation, separation, preparation, cribbing, shoring,
jacking and unloading of structures, water nozzleman, timber
bucker and faller, truck loader, water boys, tool room men.
GROUP 2: Combined air and water nozzleman, cement handler,
dope pot fireman (nonmechanical), form cleaning machine,
mechanical railroad equipment (includes spiker, puller, tile
cleaner, tamper, pipe wrapper, power driven wheelbarrows,
operators of hand derricks, towmasters, scootcretes,
buggymobiles and similar equipment), tamper or rammer
operator, trestle scaffold builders over one tier high, power
tool operator (gas, electric or pneumatic), sandblast or
gunnite tailhose man, scaffold erector, (steel or wood),
vibrator operator (up to 4 feet), asphalt cutter, mortar men,
shorer and lagger, creosote material handler, corrosive enamel
or equl, paver breaker and jackhammer operators.
GROUP 3: Multi-section pipe layer, non-metallic clay and
concrete pipe layer (including caulker, collarman, jointer,
rigger and jacker, thermal welder and corrugated metal culvert
pipe layer.
GROUP 4: Asphalt block pneumatic cutter, asphalt roller,
walker, chainsaw operator with attachment, concrete saw
(walking), high scalers, jackhammer operator (using over 6
feet of steel), vibrator operator (4 feet and over), well
point installer, air trac operator.
GROUP 5: Asphalt screeder, big drills, cut of the hole drills
(1 1/2 "" piston or larger), down the hole drills (3 1/2""
piston or larger) gunnite or sandblaster nozzleman, asphalt
raker, asphalt tamper, form setter, demolition torch operator,
shotcrete nozzlemen and potman.
GROUP 6: Powderman, master form setters.
GROUP 7: Brick paver (asphalt block paver, asphalt block
sawman, asphalt block grinder, hastings block or similar type)
GROUP 8: Licensed powdermen.
----------------------------------------------------------------
LABO0011-004 06/01/2025
Rates Fringes
Laborers: (HAZARDOUS WASTE
REMOVAL, EXCEPT ON MECHANICAL
SYSTEMS:
Preparation for, removing and
encapsulation of hazardous
materials from non-mechanical
systems)
Skilled Asbestos Abatement
Laborers....................$ 32.25 8.70
Skilled Toxic and
Hazardous Waste Removal
Laborers....................$ 32.25 8.70
----------------------------------------------------------------
LABO0011-005 06/01/2025
Rates Fringes
Laborers: (TUNNEL, RAISE &
SHAFT (FREE AIR)
FOR HEAVY AND SEWER & WATER
LINES CONSTRUCTION)
GROUP 1.....................$ 34.41 8.70
GROUP 2.....................$ 35.48 8.70
GROUP 3.....................$ 38.17 8.70
GROUP 4.....................$ 39.29 8.70
LABORERS CLASSIFICATIONS:
GROUP 1: Brakeman, Bull Gang, Dumper, Trackmen, Concrete Man.
GROUP 2: Chuck Tender, Powdermen in Prime House, Form Setters
and Movers, Nippers, Cableman, Houseman, Groutman, Bell or
Signalman, Top or Bottom Vibrator Operator.
GROUP 3: Miners, Re-Bar Underground, Concrete or Gunnite
Nozzlemen, Powdermen, Timbermen and Re-Timbermen, Wood Steel
Including Liner plate or Other Support, Material Motorman,
Caulkers, Diamond Drill Operators, Riggers, Cement Finishers-
Underground, Welders and Burners, Shield Driver, Air Trac
Operator, Shotcrete Nozzlemen and Potman.
GROUP 4: Mucking Machine Operator (Air).
----------------------------------------------------------------
LABO0011-006 06/01/2025
Rates Fringes
Laborers: (TUNNEL, RAISE AND
SHAFT (COMPRESSED AIR) FOR
HEAVY CONSTRUCTION ONLY

Gauge Pressure Work Period
(Pounds) (Hours)
1-14 7...........$ 44.04 8.70
14-18 6...........$ 51.82 8.70
FOOTNOTE: On any requirement for air pressure in excess of 18
PSI, work periods and rates should be negotiated at a
pre-bid conference.
----------------------------------------------------------------
LABO0011-007 09/01/2025
Rates Fringes
Laborers: (PAVING AND
INCIDENTAL GRADING)
Asphalt Raker & Concrete
Saw Operator................$ 24.30 8.74
Asphalt Shoveler............$ 23.27 8.74
Asphalt Tamper & Concrete
Shoveler....................$ 23.86 8.74
Jack Hammer.................$ 23.89 8.74
Laborer.....................$ 23.06 8.74
Sand Setter & Form Setter...$ 25.10 8.74
----------------------------------------------------------------
LABO0011-008 06/01/2025
Rates Fringes
LABORERS (BRICK MASONRY WORK)
Mason Tenders...............$ 24.31 8.70
Scaffold Builders,
Mortarmen...................$ 24.96 8.70
----------------------------------------------------------------
MARB0002-003 04/27/2025
Rates Fringes
Marble & Stone Mason
Includes Pointing,
Caulking and Cleaning of
All Types of Masonry,
Brick, Stone and Cement
Structures..................$ 45.65 21.21
----------------------------------------------------------------
MARB0003-001 04/27/2025
Rates Fringes
Mosaic & Terrazzo Worker,
Tile Layer.......................$ 34.34 14.20
----------------------------------------------------------------
MARB0003-004 04/27/2025
Rates Fringes
Marble, Tile & Terrazzo
Finisher.........................$ 28.85 12.55
----------------------------------------------------------------
PAIN0051-001 06/01/2025
Rates Fringes
Painters:
All Industrial Work.........$ 34.30 12.98
Bridges, Heavy Highway,
Lead Abatement and
Flame/Thermal Spray.........$ 42.93 13.77
Commercial and Mold
Remediation, Painters,
Wallcovers and Drywall
Finishers...................$ 29.16 11.86
Metal Polishing and
Refinishing.................$ 28.46 11.56
----------------------------------------------------------------
PLAS0891-001 03/01/2025
Rates Fringes
Cement Masons:
HEAVY CONSTRUCTION ONLY.....$ 30.50 14.23
----------------------------------------------------------------
PLAS0891-002 06/01/2020
Rates Fringes
Cement Masons: (PAVING &
INCIDENTAL GRADING)
Cement Masons...............$ 20.70 8.03
Concrete Saw Operators......$ 20.70 8.03
Form Setters................$ 20.70 8.03
----------------------------------------------------------------
PLUM0005-001 08/01/2025
Rates Fringes
Plumbers.........................$ 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.
----------------------------------------------------------------
PLUM0602-005 08/01/2025
Rates Fringes
Steamfitter, Refrigeration &
Air Conditioning Mechanic........$ 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.
----------------------------------------------------------------
SHEE0100-001 11/01/2025
Rates Fringes
Sheet Metal Worker...............$ 53.42 23.20+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
----------------------------------------------------------------
TEAM0639-001 06/01/2025
Rates Fringes
Truck drivers: (HEAVY &
HIGHWAY CONSTRUCTION)
Tractor trailer, Low Boy....$ 33.75 7.30+a
Truck Drivers...............$ 31.75 7.30+a
a. VACATION: Employees will receive one (1) week's paid
vacation after one (1) year of service.
----------------------------------------------------------------
TEAM0639-005 06/01/2025
Rates Fringes
Truck drivers: (PAVING &
INCIDENTAL GRADING)
All paving projects where
the grading is incidental
to the paving...............$ 31.75 7.30+a
a. VACATION: Employees will receive one (1) week's paid
vacation after one (1) year of service.
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
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.
Note: Executive Order 13658 generally applies to contracts
subject to the Davis-Bacon Act that were awarded on or between
January 1, 2015 and January 29, 2022, and that have not been
renewed or extended on or after January 30, 2022. Executive
Order 13658 does not apply to contracts subject only to the
Davis-Bacon Related Acts regardless of when they were awarded.
If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 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. The applicable Executive Order
minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
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 H-1

FORM OF INTERIM LIEN WAIVER
PROGRESS RELEASE OF LIENS AND CLAIMS

Project Name:
Contract No.:
Task Order No.:
Contract Date:
Contract Amount:
Date:

Release of Liens and Claims:

In consideration and upon receipt of payment in the amount of $ _________________ (the
“Payment Amount”) with respect to Application for Payment No. [___], t he undersigned
(Company Name), hereby: (i) waives and releases all liens and right to claim a lien for labor,
services or materials furnished on the above-referenced Project for which payment is made under
the foregoing Application for Payment, and (ii) to the fullest extent permitted by law, waives and
releases any claim for, and hereby indemnifies and holds harmless the District of Columbia and
RFK Builder LLC from, all claims for damages due to delay, hindrance, interference, acceleration,
inefficiencies, or extra work, or any other claim it may have against the Dis trict of Columbia or
RFK Builder LLC, including any right to lien upon the real property on which the Project is located
or the improvements thereon under applicable law, with respect to labor, services, or materials
furnished on the above -referenced Project for which payment is made under the foregoing
Application for Payment. The foregoing waivers and releases do not include amounts held by the
District of Columbia as retainage.

The undersigned further represents and warrants, as of this date, that he/she is duly authorized to
sign and execute this Release of Liens and Claims on behalf of (Company Name); that (Company
Name) has properly performed all work and furnished all materials of the specified quality in
accordance with all contract documents in an acceptable workmanlike manner to the District of
Columbia and that (Company Name) has paid for all labor, including fringe benefits and workers
compensation, all materials, equipme nt, services, taxes, insurance premiums, and bonds (if
required) and that any materials supplied to or incorporated in this project have been paid.

(Company Name) is executing this Release of Liens and Claims for the express purpose of
inducing the District of Columbia to make disbursement to RFK Builder LLC in connection with
its payment to (Company Name) of $__________________.

(Company Name) hereby represents that the amount of $___________ identified in the preceding
Progress Release of Lien and Claims dated [________] has been received and is deemed paid in
full.

This letter must be signed below by authorized individuals.

(Company Name)

By: ________________________
Print Name: ___________________
Title: ________________
Date: _______________

EXHIBIT H-2

FORM OF FINAL LIEN WAIVER
FINAL RELEASE OF LIENS AND CLAIMS

Project Name:
Contract No.:
Task Order No.:
Contract Date:
Contract Amount:
Date:

Final Release of Liens and Claims:

In consideration of final payment for all labor, services and materials for the above -referenced
Project in the amount of $__________, which the undersigned (Company Name) acknowledges
that it has received, as well as in consideration of payments previously received, (Company Name)
hereby: (i) waives and releases all liens and right to claim a lien for labor, services or materials
furnished on the above-referenced Project, and (ii) to the fullest extent permitted by law, waives
and releases any claim for, and hereby indemnifies and holds harmless the District of Columbia
and the Owner harmless from, all claims for damages due to delay, hindrance, interference,
acceleration, inefficiencies or extra work, liens, and right to lien for all labor, services, mater ials,
fixtures, or equipment furnished upon the real property on which the Project is located or the
improvements thereon, including any claims, rights, or causes of action arising out of, through, or
under the above -referenced Contract and the performance of any work thereunder, or any other
claim it may have against the District of Columbia or the Owner.

The undersigned further represents and warrants, as of this date, that he/she is duly authorized to
sign and execute this Final Release of Liens and Claims on behalf of (Company Name); that
(Company Name) has properly performed all work and furnished all materials of the specified
quality in accordance with all contract documents in an acceptable workmanlike manner to the
District of Columbia and that (Company Name) has paid for all labor, including fringe benefits
and workers compensation, all materials, e quipment, services, taxes, insurance premiums, and
bonds (if required).

This letter must be signed below by authorized individuals.

(Company Name)

By: __________________________
Print Name: ___________________
Title: ________________________
Date: ________________________

Exhibit I - 1

EXHIBIT I

INSURANCE REQUIREMENTS

GENERAL REQUIREMENTS. The Developer, at its expense, shall procure and maintain, or
ensure the General Contractor and other Contractors procure and maintain, during the entire
period of performance under the Agreement , the types of insurance indicated below. The
Developer shall submit a Certificate of Insurance to the District giving evidence of the required
coverage prior to commenc ement of the Work specified in the statement of work under this
agreement. In no event shall any Work be performed until the required Certificates of Insurance
signed by an authorized represe ntative of the insurer(s) have been provided to, and accepted
by, the District.

If the Developer , General Contractor or other Contractors maintain broader coverage and/or
higher limits than the minimums shown below, the District, by this agreement , requires and
shall be entitled to such broader coverage and/or higher limits available, and irrespective of
any “minimum” limitations in any insurance policy provisions related to “additional insureds’”
or any other such provision.

A. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Developer shall provide evidence
satisfactory to the District with respect to the performance of the Work specified in the
statement of work in this agreement that it and the General Contractor carry 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 District in writing), covering liability for all ongoing and
completed operations of the Developer, General Contractor and all Work performed by the
Contractors, covering claims for bodily injury, including sickness, disease or death and
mental anguish of any persons, broad form property damage, including loss of use resulting
therefrom, personal and advertising injury, the tort liability of another assumed in a contract,
and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall
have limits of liability of not less than $10,000,000 for each occurrence, $20,000,000 general
aggregate, $10,000,000 products and completed operations aggregate, and $10,000,000
personal and advertising injury aggregate limit. The products and completed operations
liability coverage shall be maintained for a period of not less than ten (10) years following
substantial completion of the Project.

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 2010 0413 and CG2037 04 13 (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-
contributory 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
Exhibit I - 2

d) Any annual aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability

2. Automobile Liability Insurance - The Developer shall provide evidence satisfactory to the
District of commercial (business) automobile liability insurance written on ISO form CA
00 01 11 20 (or another form with coverage at least as broad and approved by the District
in writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Developer or any Contractors in connection with the Work, with a
minimum combined single limit of $ 5,000,000. Such policy or policies of automobile
liability insurance shall be written on an "occurrence" (as opposed to a "claims made")
basis. This requirement may be met by any combination of primary, buffer, umbrella or
excess automobile liability.

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-
contributory 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, i nclude Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
f) Moving and Storage Companies shall be required to provide evidence of
BMC91 or BMC91X filing

3. Workers’ Compensation Insurance - The Developer shall provide evidence satisfactory to
the District of Workers’ Compensation insurance covering its operations and that of the
Contractors in accordance with the statutory mandates of the District of Columbia or in
another jurisdiction in which a component of the Work is performed.

4. Employer’s Liability Insurance - The Developer shall provide evidence satisfactory to the
District of employer’s liability insurance as follows: $1,000,000 per accident for injury;
$1,000,000 per employee for disease; and $1,000,000 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.

Exhibit I - 3

5. Cyber (Media Liability and Network Security/Privacy) Liability Insurance – covering acts,
errors, omissions, and violation of any consumer protection laws arising out of Developer’s
or Contractors’ 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), 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 Developer or Contractors 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. Coverage shall
be maintained in force during the term of this Agreement and for an extended reporting
period of not less than two (2) years after.

6. Professional Liability Insurance (Errors & Omissions) - The Developer shall maintain or
shall have the Contractors maintain Professional Liability Insurance (Errors and
Omissions) to cover liability resulting from any error or omission in the performance of
professional services under this Agreement. The policy shall provide limits of $5,000,000
per claim or per occurrence for each wrongful act and $5,000,000 annual aggregate. None
of the Work requiring professional services may precede the effective date of any coverage
for Errors and Omissions, and continuous coverage must be maintained, or an extended
reporting period be exercised for a period of at least ten (10) years after the substantial
completion of the professional services. Limits may not be shared with other lines of
coverage.

7. Commercial Umbrella or Excess Liability - The Developer shall provide evidence
satisfactory to the District of commercial umbrella or excess liability insurance with
minimum limits of $10,000,000 per occurrence and $10,000,000 in the annual aggregate.
Coverage must be in excess of required commercial general liability, commercial auto
liability, and employers’ liability. The insurance required under this paragraph shall be
written in a form that annually reinstates all required limits. Continuous coverage must be
maintained, or an extended reporting period be exercised, for a period of at least ten (10)
years after the substantial completion of the Project . Coverage shall be primary to any
insurance, self-insurance or reinsurance maintained by The Government of the District of
Columbia (including the District’s instrumentality, D.C. Water and Sewer Authority
(WASA) and the “other insurance” provision must be amended in accordance with this
requirement and principles of vertical exhaustion.

8. Crime Insurance (3rd Party Indemnity) - The Developer shall provide a Crime policy
including 3rd party fidelity to cover the dishonest acts of Developer, its employees and/or
volunteers which result in a loss to the District. The Government of the District of
Exhibit I - 4

Columbia shall be included as loss payee. The policy shall provide a limit of $1,000,000
per occurrence.

9. Contractors Pollution Liability Insurance - The Developer shall provide evidence
satisfactory to the District that the Developer or General Contractor carries Contractors
Pollution L iability insurance covering losses caused by pollution or other hazardous
conditions, including but not limited to pollutants and contaminants or completed operations
of the Work. 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 for any newly created pollution conditions, including
newly created conditions arising from disturbance of pre -existing known and unknown
pollution conditions. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages , or remediation costs and settlements.
There shall be neither an exclusion nor a sublimit for mold or fungus -related claims ,
legionella, asbestos, lead paint, or silica. The minimum limits required under this paragraph
shall be $ 5,000,000 per occurrence and $ 5,000,000 in the annual aggregate. If such
coverage is written on a claims -made basis, any retroactive date applicable to coverages
under the policy must precede the performance of any Work and that continuous completed
operations coverage must be maintained for at least ten (10) years or an extended reporting
period shall be purchased for no less than ten (10) years after substantial completion.

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

The Contractors Pollution Liability policy shall be further endorsed to include The
Government of the District of Columbia as an Additional Insured and include a waiver of
subrogation in favor of The Government of the District of Columbia . Developer or
Contractor coverage shall include identification and approval of non-owned disposal sites.

10. Pollution Legal Liability - The Developer shall provide evidence satisfactory to the District
that the General Contractor carries Pollution Legal Liability insurance covering losses
caused by pollution or other hazardous conditions, including but not limited to pollutants
and contaminants or completed operations of the Work. Such insurance shall apply to third-
party bodily injury, third-party property damage (including loss of use of damaged property
or of property of others that has been physically injured), clean -up costs, including transit
and non-owned disposal sites , arising from unknown pollution conditions , as well as the
costs for the regulatorily required removal and disposal of impacted material that cannot be
reused on site in conjunction with the Impacted Materials Management Plan prepared by
Langan (attached hereto as Exhibit I.01 in draft, the final to be incorporated upon
completion). Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages, or remediation costs and settlements.
There shall be neither an exclusion nor a sublimit for mold or fungus-related claims,
legionella. Any exclusion for asbestos, lead paint, or silica shall be limited to the abatement
and disposal costs of existing material installed in any structure . The minimum limits
Exhibit I - 5

required under this paragraph shall be $5,000,000 per occurrence and $5,000,000 in the
annual aggregate. If such coverage is written on a claims -made basis, any retroactive date
applicable to coverages under the policy must precede the performance of any Work and
that continuous coverage must be maintained for at least ten (10) years with an optional
extended reporting period available for three (3) years after policy expiration or substantial
completion, whichever comes last.

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

The Pollution Legal Liability policy shall be further endorsed to include The Government
of the District of Columbia as an Additional Insured and include a waiver of subrogation in
favor of The Government of the District of Columbia . Developer or Contractor coverage
shall include identification and approval of non-owned disposal sites.

11. Employment Practices Liability - The General Contractor shall provide evidence
satisfactory to the District 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 Developer or against third parties. Employment Practices Liability coverage must
specifically state Third Party Liability coverage is included. Developer 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 any Contractors. The policy shall provide limits of not less than $1,000,000 for each
wrongful act and $2,000,000 annual aggregate for each wrongful act.

12. Riggers Liability – If and to the extent Developer’s services or the scope of Work call for,
require, or involve the lifting, picking, rigging and setting of others property, materials or
equipment, Developer or General Contractor shall procure, maintain and pay for Riggers
Liability Insuranc e (either as a stand -alone policy or placed through a Builder’s Risk
program) to insure against physical loss of or damage in amounts sufficient to insure the
full market value and / or replacement costs of the property, materials or equipment being
lifted, with a minimum liability limit of $5,000,000. Developer shall also be responsible
for all consequential loss of use, and delay damages involved in replacing and / or repairing
the damaged property, materials, or equipment . Failure to carry appropriate insurance
and/or failure to carry adequate limits shall not relieve Developer from its indemnity and
contractual obligations herein.

13. Builder’s Risk - Prior to there being property at risk on the project site and prior to the
commencement of Work, the Developer shall procure and maintain an all -risk builder’s
risk insurance covering the underground utility work and related Improvements within the
Project Land (the “Work”) against loss or damage , including terrorism, fire, explosion,
Exhibit I - 6

theft, vandalism, malicious mischief, collapse, earthquake, flood, soft cost s, business
income, debris removal, or windstorm (and rigger’s liability, if not separately covered) .
The insurance shall also provide coverage for loss or resulting damage from error,
omission, or deficiency in construction methods, design, specifications, workmanship or
materials. The amount of insurance shall be the full replacement cost of the Work, without
deduction for physical depreciation; provided, however, that the policy limit(s) may be
subject to sublimits, scheduled values, and other reasonable limitations customarily
applicable to underground utility projects. This insurance shall include the interests of the
District (including WASA), and the Developer, the General Contractor and all other
Contractors of any tier shall be included as Additional Insureds in the Work and shall insure
against all risk of physical damage subject to standard exclusions. Losses not covered by
the Developer's insurance shall be borne pursuant to the provisions of the Agreement. The
builder’s risk policy will have a deductible of not more than $50,000. Losses within the
deductible will be paid by the District or the responsible Contractor. If not covered under
the builder’s risk insurance or otherwise provided in the GC Contract, the Developer shall
effect and maintain similar property insurance on portions of the Work stored off the site
or in transit.

Developer and General Contractor shall mutually waive all rights against each other and
any of their Contractors of any tier, agents, or employees for damages caused by fire, flood,
or other perils covered by the builder’s risk insurance except such rights as they may have
to the proceeds of such insurances and Developer and General Contractor agree to obtain
a waiver of subrogation from insurers providing the builder’s risk insurance or other
insurance applicable to the Work.

B. SUBCONTRACTOR INSURANCE REQUIREMENTS. Any and all Contractors engaged
by the General Contractor under this A greement shall be required to maintain the
insurances required in this exhibit with commercially reasonable limits identified by the
General Contractor.

When requested by the District, the Developer must provide proof of any Contractor's
required insurance prior to commencement of work by such Contractor.

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

D. DURATION. All required insurance shall be maintained until all Work is accepted by The
Government of the District of Columbia, or for such longer period as specified above.

E. 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 Developer’s interests or
liabilities and will not in any way limit the Developer’s liability under the Agreement. All
coverages required herein can be met with a combination of primary and excess coverages,
Exhibit I - 7

as long as the excess coverages are at least as broad as the underlying and also meet the
requirements.

F. DEVELOPER’S PROPERTY. Developer , the General Contractor , and all other
Contractors 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.

G. 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 Developer shall
include all the costs of insurance and bonds among the Costs to be paid by the District up
to limit of the Maximum Contract Price.

H. NOTIFICATION. The Developer shall ensure that all policies provide that the District
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 Developer
(or the Contractors, as applicable) no longer complying with the above requirements. The
Developer shall provide the District with ten (10) days’ prior written notice in the event of
non-payment of premium. The Developer will also provide the District with updated
Certificate of Insurance should any required insurance coverages renew during the
Agreement. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Agreement by giving Developer at least 30
days’ notice of the change. Developer must comply, at Developer’s expense, and deliver
to the District evidence of compliance before the change becomes effective.

I. CERTIFICATES OF INSURANCE. The Developer must send to District, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements. Developer must also provide evidence of renewal
before the expiration date of each insurance policy. Developer is responsible for providing
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 this Agreement. Evidence of insurance shall be submitted to the District in the
same manner as other notices under the terms of the Agreement.

The District may request, and the Developer 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 Developer expires prior to
completion of the Agreement, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the District 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
District on an annual basis as the coverage is renewed (or replaced).

J. DISCLOSURE OF INFORMATION. The Developer agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any
Exhibit I - 8

third party which presents a claim against The Government of the District of Columbia for
any damages or claims resulting from or arising out of the Work.

K. CARRIER RATINGS. All Developer’s and Contractors’ insurance required in connection
with this Agreement 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.

L. WARRANTIES. When applicable, t he General 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). The District shall collect,
review for accuracy, and maintain all warranties for goods and services.

Exhibit I - 9

EXHIBIT I.01
IMPACTED MATERIALS MANAGEMENT PLAN
prepared by Langan

(See attached)

IMPACTED MATERIALS MANAGEMENT PLAN

for

Project U
2400 East Capitol Street NE
Washington, District of Columbia

Prepared for:

Washington Commanders
1600 Ring Road
Landover, Maryland 20785

Prepared by:

Langan Engineering and Environmental Services, LLC
1100 New York Avenue, Suite 210
Washington, DC 20005

____________________________
Sarah Baker
Senior Staff Engineer

____________________________
Christina Lewis, PG
Associate Principal

2 April 2026
270214501
Revision No.: 1

Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Table of Contents
TABLE OF CONTENTS
1.0 INTRODUCTION 1
2.0 SITE BACKGROUND 1
2.1 EXISTING CONDITIONS 1
2.2 FUTURE USE 1
2.3 ENVIRONMENTAL CONDITIONS 2
3.0 SOIL EXPORT AND IMPORT 2
3.1 SOIL REUSE 3
3.2 SOIL DISPOSAL 4
3.3 IMPORTED SOIL 4
4.0 DEWATERING AND FLUID MANAGEMENT 5
5.0 PERSONAL PROTECTIVE EQUIPMENT AND WORK ZONE EXCLUSION 5
6.0 AIR MONITORING 6
6.1 VOCS 6
6.2 DUST 6
7.0 UNANTICIPATED CONDITIONS 7
7.1 MATERIAL UNSUITABLE FOR REUSE 7
7.2 UNKNOWN SUBGRADE FEATURES 8
FIGURES
Figure 1 Site Location Map
Figure 2 Site Layout Map
Figure 3 Boring Location Map
APPENDICES - Intentionally Omitted
Appendix A
Appendix B
Phase II Environmental Site Assessment
January 2026 Laboratory Analytical
Report
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 1 of 8

1.0 INTRODUCTION
This Impacted Materials Management Plan (IMMP) has been developed to assist the Washington
Commanders and their contractors as they plan for subsurface excavation activities that will occur
during redevelopment of the former Robert F. Kennedy Memorial Stadium (RFK Stadium) located
at 2400 East Capitol Street NE in Washington, District of Columbia (the “Site”) . Analytical data
indicate that there are environmental impacts to soil and groundwater that will warrant special
considerations for management, segregation, and worker health and safety.
The purpose of the IMMP is to provide procedures for working with and around, characterizing,
and reusing or disposing of impacted soil and groundwater in a manner that is protective of
construction worker health and safety, the environment, and future users of the Site.
This IMMP contains the procedures and protocols that Langan recommends for consideration,
at a minimum; however, the contractors planning for and performing the work remain ultimately
responsible for development and implementation of their health and safety plans and procedures
to address issues such as worker training and medical surveillance, among others. This IMMP is
not intended to replace or supersede health and safety procedures developed by contractors or
requirements of applicable regulations; rather, it is intended to provide information and guidance
on minimum recommended procedures for use by contractors in the development of their own
work plans and procedures.
2.0 SITE BACKGROUND
2.1 Existing Conditions
The approximately 29.7-acre Site is bounded by C Street NE to the north, Independence Avenue
SE to the south, and 22nd Street NE/SE to the west. The Site is a portion of the parcel described
by the Washington DC Tax Assessor as Square 1128, Lot 0805. A Site Location Map is provided
as Figure 1.
The Site was developed with the approximately 420,000-square-foot former RFK Stadium. The
former stadium was in the center of the Site and encircled by concrete walkways and asphalt or
gravel internal driveways. Asphalt parking lots are located to the northwest (Lot 4) and southwest
(Lot 5) of the stadium, and additional parking areas are present to the south an d east of the
stadium. The remainder of the Site is landscaped. A Site Layout Map is provided as Figure 2.
The Site was originally part of the Anacostia River until it was infilled in stages between the early
1900s and the 1950s. In 1961, the Site was developed with RFK Stadium, which was used as a
sports arena and concert venue until 2017. The Site remained vacant until demolition of the
stadium began in 2022.
2.2 Future Use
Langan understands that the Washington Commanders intend to redevelop the Site with a new
stadium. While grading and earthwork plans remain under development, it is anticipated that
upon completion of the redevelopment the Site will be covered by the new stadium footprint,
paved with parking lots or internal driveways, or covered with landscaped areas.
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 2 of 8

2.3 Environmental Conditions
Langan completed a Phase II Environmental Site Assessment (ESA) at the Site in November and
December 2025. The Phase II ESA included the installation and sampling of 38 soil borings. The
seven deepest soil borings were converted into temporary monitoring wells for the collection of
groundwater samples. In general, the boring locations were distributed across the Site to
characterize soil quality in proposed cut areas, along a proposed sewer realignment, and in areas
where development plans are pending. The boring locations are shown on Figure 3.
The results of the Phase II ESA are summarized below. The full analytical results are discussed
in the Phase II ESA report, which is included as Appendix A.
2.3.1 Soil
The soil results generally showed detections of volatile organic compounds (VOC), semi-volatile
organic compounds (SVOC), total petroleum hydrocarbons (TPH) – diesel range organics (DRO)
and gasoline range organics (GRO), and metals that are consistent with typical urban fill and not
reflective of other releases.
Certain soil borings had detections of petroleum-related VOCs, petroleum-related SVOCs, TPH-
DRO and GRO, and lead at concentrations above the District Department of Energy &
Environment (DOEE) Tier 0 Soil Screening Levels (SS L), DOEE Tier 1 Risk -Based Screening
Levels (RBSL) for construction or commercial workers, or United States Environmental Protection
Agency (USEPA) Regional Screening Levels (RSL) for Industrial Soil . The lead detections were
further evaluated using the Toxicity Characteristic Leaching Procedure (TCLP) and the lead -
impacted soil is not considered a characteristically hazardous waste where tested. The boring
locations with petroleum and lead exceedances are shown on Figure 3.
Langan notes that arsenic was also detected at concentrations above the USEPA RSL for
Industrial Soil, but the concentrations were generally consistent with regional background levels
published by the United States Geological Society and found in the 2022 Inorganic Chemical
Concentrations in Soils of the District of Columbia – Report 1 and 2 (prepared by Tetra Tech) and
do not warrant further discussion in terms of soil management.
2.3.2 Groundwater
Depth to groundwater at the Site was variable and ranged from approximately 7.5 feet below
ground surface (bgs) to greater than 30 feet bgs. The groundwater conditions encountered at the
Site are generally consistent with those typically found in densely developed, urban environments
and are not reflective of other releases . However, certain SVOCs and metals were detected at
concentrations above the District of Columbia Municipal Regulations (DCMR) Surface Water
Quality Standards (SWQS), which are the pertinent standards for discharges to the storm sewer
and one SVOC was detected above the DOEE Tier 1 RBSLs for construction workers.
3.0 SOIL EXPORT AND IMPORT
Langan understands that grading plans are still under development, and that there may be a
combination of soil export and import. Potentially viable options for managing excess soil
generated from the redevelopment include reuse (onsite or at a net fill project willing to accept
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 3 of 8

marginally impacted soil) or disposal at a facility licensed to accept the material. If a net fill project
is identified, the contractor is responsible for informing the recipient of the origin and quality of
the soil. Written acceptance and acknowledgment of the soil conditions from the recipient must
be received prior to the removal of any soil offsite.
3.1 Soil Reuse
Soils with contaminant concentrations exceeding Tier 0 standards are regulated and are subject
to corrective action requirements under 20 DCMR 6208 . Accordingly, such soils cannot be
treated as clean or reused without remediation to Tier 0 or DOEE approval under the DOEE Risk
Based Corrective Action (RCBA) Program. The Tier 0 standards are as follows:
• TPH-DRO or TPH-GRO concentrations below 100 milligrams per kilogram (mg/kg);
• Benzene concentrations below 0.005 mg/kg;
• Toluene concentrations below 9.6 mg/kg;
• Ethylbenzene concentrations below 0.04 mg/kg; and
• Xylene concentrations below 3.86 mg/kg.
As a best management practice, soil intended for reuse should also be free of staining and
objectionable or nuisance odors.
The Phase II ESA results indicate that reuse of most of the soil at the Site may be acceptable
from an environmental perspective . However, certain soil borings had detections of TPH -DRO
and GRO above the DOEE Tier 0 Standard and petroleum odors were also observed in those
locations. Borings with detections above the Tier 0 Standards are indicated in yellow on Figure
3.
Certain petroleum-related VOCs, petroleum-related SVOCs, and lead were also detected above
either the DOEE Tier 1 RBSLs for commercial or construction workers, or USEPA RSL s for
Industrial Soil. The boring locations with exceedances are depicted on Figure 3 in blue. While
DOEE regulations do not prohibit reuse of soil with RBSL and RSL exceedances, such soils
should only be reused beneath pavement, building foundations or marker fabric covered with at
least 1 foot of clean fill and should not be placed in a reas where future users of the site could
contact the soil. Potential construction worker exposures can be managed by following the
protocols outlined in this IMMP and through use of personal protective equipment (PPE).
Soil that does not meet the 20 DCMR 6208.1 criteria listed above , or site -specific criteria
established through participation in the LUST VRAP, must be transported offsite for disposal (see
Section 3.2).
Field screening during excavation will be necessary under either reuse scenario to segregate
impacted soil that is unsuitable for reuse. Field screening protocols include documenting visual
and olfactory observations, use of a photoionization detector (PID) field-calibrated with 100 parts
per million (ppm) isobutylene to obtain VOC readings, and using Hanby test kits (or similar) to
obtain TPH readings. PID readings of 10 ppm will be considered the action level for materials that
are unsuitable for reuse. Use of an x-ray fluorescence (XRF) detector may also be warranted in
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 4 of 8

areas with known or suspected lead impacts.
Soil conditions are inherently variable and excavated materials should be continuously observed
for obvious indicators of impact such as odors, staining, free product, debris/waste, or
ash/residue layers. If unanticipated conditions are encountered, the procedures identified in
Section 7.1 should be followed.
3.2 Soil Disposal
Soils that are intended for disposal and have TPH concentrations above 10 mg/kg (i.e., the
Maryland Department of Environment’s treatment requirement for oil -contaminated soil
treatment facilities) generally require disposal or treatment as petroleum-impacted material if
removed from the Site for disposal. Almost all s oil at the Site contains concentrations of TPH
above 10 mg/kg and the soil will require disposal or treatment as marginally petroleum-impacted,
non-hazardous material.
If soil is exported for disposal, a disposal facility licensed to handle petroleum-impacted material
(i.e., Clean Earth of Upper Marlboro, Maryland ; Soil Safe of Upper Marlboro , Maryland; or a
permitted landfill with a liner system ) should be identified , and additional testing, if required,
should be completed in accordance with the requirements of the selected receiving facility.
Langan recommends obtaining disposal facility acceptance prior to the start of earthwork. Soil
must not be transported offsite until disposal facility acceptance has been obtained. Note that
obtaining disposal facility acceptance typically takes several weeks, at a minimum. All soil
transported offsite must be accompanied by a signed transport and disposal manifest provided
by the selected facility. Any soil trucked offsite must be delivered to the disposal facility on the
day that the truck leaves the Site.
Protocols for managing soil with unanticipated impacts are provided in Section 7.1.
3.3 Imported Soil
All imported clean fill must be characterized prior to delivery and assessed against the DOEE Tier
0 SSLs , DOEE Tier 1 RBSL for commercial workers , and USEPA RSLs for Industrial Soil to
demonstrate that the fill is suitable for use on the Site. At a minimum, imported fill should be
analyzed for VOCs, SVOCs, polychlorinated biphenyls (PCB), TPH -DRO and TPH-GRO, and
Resource Conservation and Recovery Act ( RCRA)-list metals. Additional analyses may be
recommended based on the source of the material (e.g., pesticides and herbicides for sources
formerly used as agricultural land) . A sample frequency of 1 per 1,000 cubic yards is
recommended.
Fill generated from industrial or commercial properties where hazardous materials were used,
stored, or handled; or properties undergoing environmental cleanups is not recommended.
However, use of such fill may be acceptable if the fill has similar constituents of concern at similar
concentrations to the soil that will remain onsite if it otherwise meets the criteria for reuse
outlined in Section 3.1.
Analytical data for imported fill should be reviewed by an environmental professional and import
of the material must be approved by the Washington Commanders before the material is
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 5 of 8

transported to the Site.
4.0 DEWATERING AND FLUID MANAGEMENT
Groundwater that is removed via dewatering of excavations should be managed in compliance
with applicable local, state, and federal regulations and project -specific permits. Langan
understands that discharge of dewatering fluids to the municipal separate storm sewer system
(MS4) under a National Pollutant Discharge Elimination System (NPDES) permit is the preferred
management option. The contractor must obtain an NPDES General Permit for Discharges from
Construction Activity (Construction General Permit) and DOEE Groundwater Discharge-to-MS4
permit prior to the start of construction. Additionally, efforts must be made to divert surface water
runoff away from excavations to reduce the quantity of impacted dewatering fluids.
Per 21 DCMR 1600, groundwater discharged to the MS4 must meet the DCMR SWQSs. The
results of the Phase II ESA indicate that certain SVOCs and metals are present in groundwater
at the Site at concentrations above the DCMR SWQGs. Pretreatment (i.e., granulated active
carbon filtration) of dewatering fluids, in addition to sediment removal, may be required. The
contractor will be responsible for installation and management of the pretreatment system, and
for fulfilling any effluent monitoring or sampling requi rements outlined in the DOEE permit. If
effluent results exceed the DCMR SWQSs after construction industry -standard sediment
removal, the contractor must pause the discharge of dewatering fluids to the MS4 , notify the
Washington Commanders, and wait for further direction prior to resuming dewatering operations.
At the request of dewatering subcontractors submitting bids for the project, Langan collected
additional groundwater samples from geotechnical piezometers on 29 January 2026 . The
samples were analyzed for certain parameters not assessed during the Phase II ESA. The
laboratory analytical report is provided as Appendix B.
If liquid phase hydrocarbons or groundwater with obvious evidence of unanticipated impacts (i.e.,
odors) are encountered, the groundwater should not be discharged into the MS4. The fluids
should be contained or the dewatering in that area must stop pending further evaluation of the
environmental characteristics of the fluids and suitable management alternatives (e.g. oil-water
separator). Use of a vacuum truck , storage in on-site frac tanks, or other similar measures may
be necessary to remove the impacted fluids.
5.0 PERSONAL PROTECTIVE EQUIPMENT AND WORK ZONE EXCLUSION
The Phase II ESA results indicate that both soil and groundwater at the Site contain
concentrations of SVOCs above the DOEE Tier 1 RBSL for construction workers. At a minimum,
Langan recommends modified Level D PPE for all personnel involved in the excavation work.
Standard, construction industry modified Level D PPE includes hard hats, safety glasses, steel -
toed boots, hearing protection (as needed), high-visibility clothing or vests, and long pants. Nitrile
gloves should be worn during any manual soil han dling or when there is potential for direct
contact with groundwater . Determination of any other task -specific PPE upgrades or
modifications is the responsibility of the contractor.
Measures to prevent the general public and other unauthorized visitors from entering the work
zone exclusion area (i.e., any area where active excavation or earthmoving is occurring) must be
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 6 of 8

implemented. Langan understands that a chain link fence will be used to secure the work zone
perimeter (i.e. the property boundary). The entrances must be locked and secured during non -
work hours, and the contractor is responsible for monitoring entrances continuously during work
hours if they must be left unlocked to facilitate work.
6.0 AIR MONITORING
Certain VOCs were detected in soil above DOEE’s Tier 1 RBSLs, which are based on both
inhalation and direct contact, for construction workers. Therefore, real time monitoring for VOCs
and dust should be completed during initial earthmoving activities and periodically throughout the
project to assess the potential for exposure to airborne contaminants of concerns, at a minimum.
A PID should be used to monitor VOC concentrations, and a particulate analyzer should be used
to assess dust concentrations.
6.1 VOCs
VOC monitoring should be conducted using a PID within the personnel breathing zone during
excavation and earthmoving activities. The PID should be calibrated following the manufacturer’s
instructions daily, and baseline readings should be collected prior to initiating earthwork . If PID
readings are sustained at 5 ppm (i.e., the Occupational Safety and Health Administration [OSHA]
short-term permissible exposure limit [PEL] for benzene, the most restrictive constituent of
concern) above the baseline conditions for over 10 minutes, Langan recommends that the onsite
contractors notify the project owner and discuss/resolve the readings before proceeding.
Upgrading PPE and initiating perimeter monitoring may be warranted. If future analytical data or
unforeseen conditions suggest this action level is not adequately protective of worker health,
work should stop until new compound specific action levels and monitoring plans are established.
Work will be stopped immediately, and crews will remove themselves to fresh air if workers are
experiencing potential acute physical symptoms of exposure such as headache, vision problems
or muscle coordination problems. Work will not recommence in the are a until the cause of the
exposure is determined, and control measures have been taken.
Per 20 DCMR 903, significant odors should not be detectable offsite by the general public. Should
odors be observed offsite, work in the source area will be paused until the source of the odors
is determined, and control measures have been taken.
6.2 Dust
Based on the soil results documented in the Phase II ESA, a site -specific dust action level is
needed due to the concentrations of lead identified in the soil. The OSHA PEL for airborne lead
is 0.05 milligrams per cubic meter (mg/m3). Langan calculated a site-specific action level for lead
in dust using the maximum detection of lead in soil at the Site (8,700 mg/kg) as input to the
following equation:

All sitework contractors are responsible for developing their own health and safety plans and
protocols. However, at a minimum, the site-specific action level of 6 milligrams per cubic meter

Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 7 of 8

(mg/m3) for total dust should be used during earthwork. If future analytical data or unforeseen
conditions suggest this action level is not adequately protective of worker health and the general
public, work should stop until new compound specific action levels and monitoring plans are
established.
Dust concentrations recorded at the downwind work zone perimeter (i.e., the downwind Site
boundary) should not exceed dust concentrations at the upwind work zone perimeter (i.e., the
upwind Site boundary) at any time . The contractor is responsible for developing and
implementing industry -standard dust suppression measures (e.g., watering) to maintain
concentrations below the personnel and perimeter action levels and to meet the requirements
of 20 DCMR 605. Vehicles transporting soil will be fully covered except during loading.
Langan recommends conducting dust monitoring with a particulate analyzer in 15 -minute
intervals upwind, downwind, and within the work zone during active earthmoving (at a minimum
during initial activities, if/when changes in work practices occur, and periodically at intervals to be
determined by the contractor) to demonstrate compliance with the site-specific action level ,
which is based on the enforceable OSHA PEL for lead . If three consecutive readings at any
monitoring location exceed the work zone or do wnwind perimeter action criteria, or if there is
visible dust at the work zone perimeter (i.e., the Site boundary), construction activities must stop
until improved dust suppression controls are developed and implemented.
7.0 UNANTICIPATED CONDITIONS
Given the history of the Site, there is the potential for unforeseen conditions to arise. If
unforeseen contamination or previously unknown historical features (e.g., underground storage
tanks [UST]) are encountered during Site redevelopment, work in the discovery area should be
discontinued until the discovery can be addressed. The discovery should be characterized in place
or at a staging area that is underlain by 3-mil plastic (or similar) and surrounded by erosion/runoff
controls.
7.1 Material Unsuitable for Reuse
If soil with obvious evidence of unforeseen contamination is identified during the field screening
described in Section 3.1, the contractor must notify the Washington Commanders and
discuss/resolve the observations before proceeding. Discontinuing the work in the discovery area
and leaving the impacted material in place is preferred. If soil was already excavated, the soil
should be placed at a staging area that is underlain by 3 -mil plastic (or similar) and should be
surrounded by erosion/runoff controls and covered when not in use.
The Washington Commanders will be responsible for retaining an environmental consultant to
further characterize and sample the soil, as needed. The contractor is responsible for restricting
access to and preventing further work in the discovery and staging areas and ultimately
identifying a disposal facility that is licensed to accept the material. The selected disposal facility
is subject to review and approval by the Washington Commanders . Note that obtaining
acceptance at an impacted material disposal facility typically takes several weeks, at a minimum,
and the facility may require further sampling prior to acceptance.
As described in Section 3.2, a ll impacted soil transported offsite must be accompanied by a
Impacted Materials Management Plan
2400 East Capitol Street NE
Washington, District of Columbia
2 April 2026
270214501
Page 8 of 8

signed transport and disposal manifest provided by the selected facility. Any soil trucked offsite
must be delivered to the disposal facility on the day that the truck leaves the Site.
7.2 Unknown Subgrade Features
If unknown subgrade features such as USTs, buried containers, pipes, construction/demolition
debris, ash, drums, vaults, or oil-water separators are discovered, the Washington Commanders
must be notified, and work should stop in the discovery area. If impacted soils are encountered,
the protocols discussed in Section 7.1 should be followed. The contractor is responsible for
restricting access to and preventing further work in the discovery and staging areas. The
Washington Commanders are responsible for coo rdinating assessment and removal of the
feature. Any USTs discovered must be appropriately decommissioned in accordance with DOEE
regulations, and confirmatory soil sampling will be required . Discovery of other unknown
subgrade features should be discussed with a qualified environmental consultant to assess
whether DOEE reporting is required.

FIGURES

LANGAN |

\\
arch
Me pl Ne
Ripe(f/.$))
2 ee
) 7
if
= %
£7
he
We S
eyrm;
Z \
Za |
ie = ri
cz

fe coatcman(eee | PROJECTU SITE Frawazwitmmsimss| asgerceg,| LOCATIONfs 1ate cere, MAP [Exzm0m — A
aaag cotaARGOSSTOTOOTTORSOTNTSPTOTOGTOTOTTICT namo

i 4
Legend
InerredGroundwaterFlowDecton
seery
Poeane Fone
LANGAN | prosectu :emcmerialSeeeaLLC 2400 EAST 2
‘woncrwavencee”|CAPITOLSTREETNE feain |2000074175:srenlangan.comWASHINGTON SaRSTEROTTT PineTOTOTTEOTPe Tar

LANGANanna PROJECT U BORING ay
oT aE on 2400EASTCAPTTOL LOCATION Fat |ecco SrReETNORE= MAP.7.202.987.4175, ne
pci sincron aRag CTRL STO TOOTTORSOTRISAPTATOGTETOTT ISTP

EXHIBIT J

CBE AGREEMENT

[SEE ATTACHED]
CBE AGREEMENT~ RFKSewerLineRelocation
CERTIFIED BUSINESSENTERPRISE
UTILIZATIONAND PARTICIPATIONAGREEMENT
THISCERTIFIEDBUSINESSENTERPRISEUTILIZATIONAND
PARTICIPATIONAGREEMENT (this“Agreement”)ismadebyandbetweentheDISTRICTOFCOLUMBIA(the“District”),amunicipalcorporationactingbyandthroughtheDISTRICTOFCOLUMBIADEPARTMENTOF SMALL AND LOCAL BUSINESS
DEVELOPMENT (“DSLBD”)andRFKBuilderLLC,aDelawarelimitedliabilitycompany,oritsdesignees,successors,orassigns(the“Developer”).
RECITALS
‘A.PursuanttotheRobertF,KennedyCampusRedevelopmentActof2025(D.C.Law26-54;D.C.OfficialCode§10-1605.01etseq)(“RFKRedevelopmentAct”)andaDevelopmentServicesAgreement(“DSA”)tobeenteredintobetweentheDeveloperandtheDistrict,byandthroughtheOfficeoftheDeputyMayorforPlanningandEconomicDevelopment,DeveloperintendstoprovideforthedevelopmentservicestocompletetherelocationoftheSewerLine(the“Project”).
B.PursuanttotheRFKRedevelopmentActandtheDSA,theDevelopercovenantsthatithasexecutedandwillcomplyinallrespectswiththisAgreement.
C.CapitalizedtermsnotdefinedhereinshallhavethemeaningassignedtothemintheLandDispositionandDevelopmentAgreement.
NOW,THEREFORE,forandinconsiderationofthemutualcovenantsandagreementscontainedherein,thereceiptandadequacyofwhichisherebyacknowledgedbybothpartieshereto,DSLBDandtheDeveloperagree,asfollows:
ARTICLE 1
UTILIZATIONOF CERTIFIEDBUSINESSENTERPRISES
Section1.1CBE Utilization.Developer,onitsbehalfand/oronbehalfofitssuccessorsandassigns(ifany),shallhireandcontractwithSmallBusinessEnterprises(“SBE”)certifiedpursuanttotheSmallandCertifiedBusinessEnterpriseDevelopmentandAssistanceActof
2014,asamended,(D.C.Law20-108;D.C.OfficialCode§2-218.01etseq.)(the“Act”),inconnectionwiththepredevelopmentanddevelopmentphasesoftheProject,includingbutnotlimitedto,design,professionalandtechnicalservices,constructionmanagementandtradework,
development,renovationandsuppliers.DevelopershallexpendfundscontractingandprocuringgoodsandservicesfromSBEsinanamountequivalenttonolessthanfortypercent(40%)oftheadjusteddevelopmentbudget(“AdjustedDevelopmentBudget”or“AdjustedBudget”)detailed
inAttachment|(the“CBEMinimumExpenditure”).IfthereareinsufficientqualifiedSBEstofulfillthe40%requirement,therequirementmaybesatisfiedbysubcontracting40%toqualifiedCertifiedBusinessEnterprisescertifiedpursuanttotheAct.SBEandCertifiedBusiness
Enterprisescollectivelyreferredtohereinas“CBE”.TheAdjustedDevelopmentBudgetis$15,776,675.TheCBEMinimumExpenditureistherefore$6,310,670.

CBEAGREEMENT-RFK SewerLineRelocation
Section1.1.1AdditionalCBEUtilizationasBestEfforts,PerRFKRedevelopmentActandtheDSA(c.g.,Section8.07),Developershallendeavortomeetanadditionaltenpercent(10%)
CBEMinimumExpendituregoal(“AdditionalCBEUtilization”),abovethefortypercent(40%)CBEsubcontractingrequirementpertheRFKRedevelopmentActandtheDSA,using
commerciallyreasonableeffortsasdescribedthroughoutthisAgreement.Thus,theProjectmayhavefiftypercent(50%)CBEutilization,providednopenaltiesshallapplytotheadditional10%CBEutilizationintheeventsuchincreasedeffortsarenotmetinwholeorinpart.AsitconcernstheAdditionalCBEUtilization,theDevelopershallexpendfundscontractingandprocuring
goodsandservicesfromSBEsinanamountequivalenttonolessthantenpercent(10%)oftheAdjustedDevelopmentBudget.IfthereareinsufficientqualifiedSBEstofulfillthe10%besteffortsgoal,thegoalmaybesatisfiedbysubcontracting10%toqualifiedCBEscertified
pursuanttotheAct.BasedontheAdjustedDevelopmentBudget,theestimatedmonetaryvalueofdollarsassociatedwiththeAdditionalCBEUtilizationis$1,577,668,whichtotals50%oftheAdjustedDevelopmentBudget(i.c.,$7,888,338).

Section1.2TimePeriod.DevelopershallachieveitsCBEMinimumExpenditurenolaterthanthirty(30)daysaftertheissuanceofafinalSubstantialCompletionCertificatebytheDistrict
(PxpenditurePeriod”).Ifwithinthree(3)yearsoftheexecutionofthisAgreementtheDeveloperhasnotachievedtheCBEMinimumExpenditureandhasnotobtaineda finalSubstantialCompletionCertificate,theDevelopershallmeetwithDSLBDtoprovideastatusoftheProjectasrelatedtothisAgreement.
Section1.3AdjustmentstotheTotalDevelopmentBudgetorCBE MinimumExpenditure.IftheTotalDevelopmentBudgetortheCBEMinimumExpenditureincreasesordecreasesbyan
amountgreaterthan5%,withinten(10)businessdaysDevelopershallsubmittoDSLBDtoreviewanddetermineifthereisagreaterthan5%adjustmenttotheAdjustedDevelopmentBudgetortheCBEMinimumExpenditure(“Adjustment”).TheCBEMinimumExpenditureshallbe
automaticallyincreasedinthecaseofan increase,ordecreasedinthecaseofa decrease,byanidenticalpercentageoftheAdjustment.A modifiedAttachment1,approvedbyDSLBD,shallbecomeapartofthisAgreementandbeprovidedtotheDeveloper.

ARTICLE Il
CBE OUTREACH
Section2.1OutreachEfforts.DevelopershallutilizetheresourcesofDSLBD,includingDSLBD'swebsite(hitp:/dslbd.de.gov).Inparticular,Developershallsubmitallcontracting
opportunitiesforthisProjecttoDSLBDforpublication.DevelopermayidentifyindividualsorbusinessesthatcouldqualifyasCBEsandisencouragedtoreferanysuchfirmstoDSLBD'sCertificationunittoapplyforcertification,IntheeventthatDeveloperdevelopsawebsiteforthe
Project,suchwebsiteshall(i)advertiseupcomingbidpackages,(ii)presentinstructionsonhowtobid,and (iii)directlylinktoDSLBD’swebsite,
(CBEAGREEMENT~ RFKSewerLineRelocation
ARTICLE IL
QUARTERLY REPORTING
Section3.1QuarterlyReport.
(a)ThroughouttheExpenditurePeriod,regardlessofwhethertheCBEMinimumExpenditureis
achievedbeforetheendoftheExpenditurePeriod,Developerwillsubmitquarterlycontractingandsubcontractingexpenditurereports(“QuarterlyReport”)fortheProject.
(b)TheQuarterlyReportshallbesubmittedtoDSLBDnolaterthanthirty(30)daysaftertheendofeachquarter.TheQuarterlyReportshallbesubmittedonaformprovidedbyDSLBD(a
prototypeofthisformisincludedasAttachment4).However,DSLBDreservestherighttoamendthisform.
(©)IftheDeveloperfailstosubmitaQuarterlyReportbythedaterequiredinsub-section(b)of
thissection,theDevelopershallpayapenaltytoDSLBD.
(i)ThepenaltytheDevelopershallpaytoDSLBDforeachQuarterlyReportthatthe
Developerfailstosubmitbythedaterequiredinsub-section(b)ofthissectionshallbe$5,000forthefirstoffense,$15,000forthesecondoffense,and$25,000foreachoffensethereafter.
(@)Companiesthatmaybeeligibleforcertification,butarenotyetcertified,orwhosecertificationispendingbeforeDSLBD shallnotbeincludedintheQuarterlyReportunless
anduntilthecompanyiscertifiedbyDSLBD asaCBE.
(i)InordertoobtaincredittowardstheCBE MinimumExpenditurerequirement,a
contractor/subcontractorthatisutilizedbytheDevelopermusthaveanactiveCBE.
certificationatthetimethegoodsorservicesareprovided(contract/subcontract
performed)andatthetimepaymentismadetothecontractor/subcontractor.
CREDIT WILL ONLYBE GIVEN FOR THE PORTION OF THE CONTRACT/
‘SUBCONTRACTPERFORMEDBY A CBE USING THEIR OWN ORGANIZATION
AND RESOURCES,
(ii)TheDeveloperwillnotreceivecredittowardstheCBEMinimumExpenditureiftheDeveloper'sutilizedcontractor!subcontractor:
(1)isnotcertifiedbyDSLBDasaCBEatthetimethegoodsorservicesareprovided(contract/subcontractperformed)andatthetimepaymentismadetothecontractor/subcontractor;
(2)hasapendingapplicationbeforeDSLBDseekingCBEcertification;
(3)hasanexpiredCBE certification;
(4)hasaCBE certificationapplicationthatDSLBD denied;or
CBE AGREEMENT~ RFKSewerLineRelocation
(5)hasaCBEcertificationthathasbeenrevokedbyDSLBD.
(iii)CBE certificationmustbevalidtoreceivecredittowardstheCBE Minimum.
Expenditure.Ifnotrenewed,theCBEcertificationwillexpire.Todeterminewhethera
contractor/subcontractorhasavalidand/orcurrentCBE certification,beforegoods/
servicesareprovidedandpaymentmade,DevelopermustchecktheDSLBD website:
https://dslbd.secure.force.com/public/.
(©DevelopermustrequireeveryCBEthatitcontractsorsubcontractswithtomaintainitsCBE
certificationthroughthetermofandfinalpaymentofthecontract/subcontract.IfDeveloperpaysacontractor/subcontractorthatisnotcertifiedasaCBEforgoods/servicesprovidedwhenthecontractor/subcontractorwasnotaCBE,thosepaymentswillnotbeappliedtowardstheCBEMinimumExpenditurerequirementandtheexpendituresshallnotbeincludedontheQuarterlyReport.

( ConcurrentlywiththesubmissionoftheQuarterlyReport,Developershallalsosubmit
vendorverificationforms(each,a“VendorVerificationForm”)substantiallyintheformofAttachment5 foreachexpenditurelistedintheQuarterlyReport,However,DSLBDreservestherighttoamendthisform.IfacompletedVendorVerificationFormisnotsubmittedforeach
contract/subcontractperformedbyaCBE,orportionthereof,theDeveloperwillnotreceivecredittowardstheCBEMinimumExpenditureforthatcontract/subcontract.
(g)ConcurrentlywiththesubmissionoftheQuarterlyReport,Developershallalsosubmitacopyofeachfullyexecutedcontract/subcontractwitheachCBEcontractor/subcontractoridentifiedintheQuarterlyReport.Ifafullyexecutedcontract/subcontractisnotsubmitted,
theDeveloperwillnotreceivecredittowardstheCBE MinimumExpenditureforthatcontract/subcontract.
(h)OncetheCBEMinimumExpenditurehasbeenachieved,thesubsequentQuarterlyReportshallcontainthecaption“CBEMINIMUMEXPENDITUREACHIEVED.”Additionally,thefinalQuarterlyReportshallcontainthecaption“FINALQUARTERLYREPORT”andbeaccompaniedbyacopyofthefinalCertificateofOccupancyissuedbytheDistrict.

Section3.2MandatoryMeetingwithDSLBD.Withinten(10)businessdaysofexecutingthis
Agreement,theDevelopershallmeetwithDSLBDtodiscussthereportingrequirementsduringtheExpenditurePeriod.IntheeventthatDSLBDisunavailabletomeetwithin10businessdays,Developershallschedulethemeetingontheearliestmutuallyagreeableday.‘Theindividuals
identifiedbelowrespectivelyarethereportingpointofcontactsfortheDeveloperandDSLBD.
CBE AGREEMENT- RFKSewerLineRelocation
RFK Builder LLC
d/b/aWashingtonCommandersAttention:ChiefLegalOfficer4600RiverRoad
Riverdale,MD 20737Tel:202.289.4455
Email:JuneLocker:jlocker@washingtonandMattHaas:matthaas(@

ATTN:Compliance& EnforcementDivisionManagerDepartmentofSmallandLocalBusinessDevelopment4414"StreetNW, Suite850N
Washington,DC20001Tel:(202)727-3900Email:compliance
nt@dg.gov
ARTICLE IV
PROJECT MANAGERS AND GENERAL CONTRACTORS/CONSTRUCTION
MANAGERS
Section4.1AdherencetoCBE MinimumExpenditure.ForeachcomponentoftheProject,
DevelopershallrequireinitscontractualagreementswiththeProjectManager(“PM”),orwiththegeneralcontractorand/orconstructionmanagerfortheProject(the“GeneralContractor”or“GC”),asapplicable,thatthePM orGC complywiththerelevantobligationsand
responsibilitiesofDevelopercontainedinthisAgreementwithrespecttoachievingtheapplicableCBEMinimumExpenditure.IntheeventthattheDeveloperandPM orGC havealreadyenteredacontractualagreementpriortotheexecutionofthisAgreement,theDeveloper
shallworkwiththePM orGC toassurethatthePM orGC willassisttheDeveloperinachievingtheapplicableCBEMinimumExpenditure.DeveloperfurtheragreestoinformthePM orGCandsubcontractorsoftheotherobligationsandrequirementsapplicabletotheDeveloperunder
thisAgreement.DevelopershallinformthePM orGC thatnon-compliancewiththisAgreementmaynegativelyimpactfutureopportunitieswiththeDistrictfortheDeveloperandthePM orGCrespectively.Specifically,DeveloperwillrequireinitscontractualagreementwithitsPM or
GC,oriftheDeveloperandPM orGC havealreadyenteredacontractualagreementpriortotheexecutionofthisAgreement,workwithitsPM orGC,toachievethefollowingactionsincontractingefforts,inconnectionwiththeProject,undertakenaftertheeffectivedateofthisAgreement:
(i) WhensolicitingbidsforproductsorservicesforthisProject,thePM orGC shall
allowareasonabletime(¢.g.,nolessthan20businessdays)forallbidderstorespondtotheinvitationsorrequestsforbids.
(ii)ThePM orGC willmakefulluseofDSLBD’swebsite,foundat
hittp://dsIbd.de.gov,forsubcontractingopportunitiesandforcompliancemonitoring.

(CBEAGREEMENT~ RFKSewerLineRelocation
ii)
(iv)
w)
(wi)
wii)
(viii)
The PM or GC willprovidea CBE bidder,who isnot the low bidder,an
opportunitytoprovideitsfinalbestofferbeforecontractaward,providedtheCBEbidpriceisamongthetop3bidders.
ThePM orGCwillnotrequirethatCBEsprovidebondingoncontractswitha
dollarvaluelessthan$100,000,providedthatinlieuofbondingthePM orGCmayacceptajobspecificcertificateofinsurance.
‘ThePM orGC willincludeinallcontractsandsubcontractswithCBEs,aprocessforalternativedisputeresolution.ThisprocessshallaffordanopportunityforCBEstosubmitdocumentationofworkperformedandinvoicesregarding
requestsforpayments.Includedinthesubcontract/contractshallbeamutuallyagreeduponprovisionformediation(tobeconductedbyDSLBD)orarbitrationinaccordancewiththerulesoftheAmericanArbitrationAssociation,
‘ThePM orGC andsubcontractorsshallstrictlyadheretotheircontractualobligationstopayallCBEcontractorsandsubcontractorsinaccordancewiththe
contractuallyagreeduponscheduleforpayments.IntheeventthatthereisadelayinpaymenttothePM orGC,thePM orGC istoimmediatelynotifytheCBEcontractor/subcontractorandadviseastothedateonwhichpaymentcanbe
expected.
ThePM orGCcommitstopayallCBEswithinseven(7)daysfollowingthe
PM’sorGC’sreceiptofa payment,whichincludesfundsforsuchcontractors/subcontractors,fromtheDeveloper.DeveloperalsoagreestoestablishaprocedureforgivingnoticetotheCBEcontractors/subcontractorsof
theDeveloper’spaymenttothePMorGC.
‘ThePM orGCcommitstoverifyacontractor/subcontractor’sCBEcertificationstatuspriortoenteringacontract/subcontractwith,acceptinggoodsorservicesfrom,andmakingpaymenttoaCBEcontractor/subcontractor,inaccordancewithArticleIIIofthisAgreement.
ARTICLE V
SHORTFALL PAYMENT
Section5.1FailuretoMeetCBEMinimumExpenditure.AttheendoftheExpenditurePeriodasdefinedherein,DSLBDshal!measurethedifferencebetweentheCBEMinimum
ExpenditureandDeveloper'sactualCBEexpenditures.IfDeveloperfailstomeetitsCBEMinimumExpenditureasprovidedinSection1.1herein(aShortfall”),theDevelopershallpayashortfallpaymentequalto10%oftheCBEMinimumExpenditure($631,067.00),whichshall
bepaidtotheDistrictofColumbiainthetimeandinamannertobedeterminedbyDSLBD.
@ IftheDeveloper’sShortfallislessthan10%oftheCBEMinimumExpenditure,andDeveloperhastakenallactionsreasonablynecessary(asreasonably
determinedbyDSLBDbasedonDeveloper'sreportsandotherverifiable
CBEAGREEMENT~RFKSewerLineRelocation
Gi)

evidence)toachievetheCBEMinimum Expenditure,theDevelopermaynotberequiredtopayashortfallpayment.TheDevelopermaymeetitsburdento
demonstrateithastakenallactionsreasonablynecessarytoachieveitsCBEMinimumExpenditureby(1)fulfillingallCBEoutreachandrecruitmenteffortsidentifiedinArticleIIofthisAgreement;(2)complyingwithArticleIVofthis
Agreement;(3)providingevidenceoftheGeneralContractors’compliancewiththecommitmentssetforthinArticleIVofthisAgreement,and(4)bytakingthefollowingactions,among otherthings':
a.Inconnectionwiththepreparationoffuturebidpackages,ifany,developalistofmediaoutletsthattargetCBEsandpotentialCBEshereafterreferredto
as“TargetAudience”basedonD.C.certificationcriteria;
b.DuringtheinitialconstructionoftheProject,placeadvertisementsinmedia
outletsthataddressthe‘TargetAudienceonaregularbasis(ie.,eachtimeanewbidpackageissentout)andadvertisetheprogrammaticactivitiesestablishedpursuanttotheAgreementonanasneededbasis;
c.Mailand/oremailnewprocurementopportunityalertstotargetedCBEsaccordingtotradecategory;
d.Inconnectionwiththepreparationoffuturebidpackages,ifany,developalistofacademicinstitutions,businessandcommunityorganizationsthat
representtheTargetAudiencesothattheymayprovideupdatedinformation
onavailableopportunitiestotheirconstituents;
¢.Makepresentationsandconductpre-bidconferencesadvisingofcontractingopportunitiesfortheTargetAudienceeitherone-on-oneorthroughtargetedbusinessorganizations;
£,Provideuptoten(10)sets,intheaggregate,offreeplansandspecifications
relatedtotheparticularbidforbusinessorganizationsrepresentingTargetAudiencesuponrequest;and
g.Committopromotingopportunitiesforjointventuresbetweennon-CBEand
CBEfirmstofurthergrowCBEsandincreasecontractparticipation.
IftheDeveloper'sShortfallislessthan10%oftheCBEMinimumExpenditure,butDeveloperhasnottakenallactionsreasonablynecessary(asreasonably
determinedbyDSLBDbasedonDeveloper'sreportsandotherverifiableevidence)toachievetheCBEMinimumExpenditure,DevelopershallpayapaymentthatisequaltotheShortfall.
IntheeventaCBEhiredaspartoftheProjectgoesoutofbusiness,losesitscertificationduring
theProject,orotherwisecannotperforminaccordancewithcustomaryandacceptablestandardsfortherelevantindustry,theDevelopermayidentifyandhireasubstituteCBEcapableof
"SeeAttachment6 fora listofadditionalsuggestedoutreachactivities,
CBEAGREEMENT~RFKSewerLineRelocation
performinginaccordancewithcustomaryandacceptablestandardsfortherelevantindustry.IftheDevelopercannotidentifyandhireasubstituteCBE,theDevelopermayrequestinwriting
thattheDirectoridentifyalistofsubstituteCBEscapableofperforminginaccordancewithcustomaryandacceptablestandardsfortherelevantindustry(“Request”).Onlyif,withinten(10)businessdaysafterreceivingtheRequest,theDirectorfailstosendwrittennoticetothe
DeveloperidentifyingalistofsubstituteCBEstoperformthework(andtheDeveloperdeterminesforanamountnogreaterthan5%abovetheremainingbalanceoftheoriginalCBEcontractedamount)maytheDevelopercontractwithanon-CBEtoperformthework,provided
thatthenon-CBEcontractedamountshallnotexceedthebalanceoftheoriginalCBEcontractedamountbygreaterthan5% (“ApprovedDeduction”),andtheApprovedDeductionshallbedeductedfromtheCBEMinimumExpenditure,

Section5.2OtherRemedies.Failuretopayanyrequiredpaymentsinthetimeandmannerreasonablyspecifiedby DSLBD shallbe a materialbreachof thisAgreement. In theeventthat
the Developer breachesanyof its obligationsunder thisAgreement, inadditiontotheremedies
statedherein,DSLBDdoesnotwaiveitsrighttoseekanyotherremedyagainsttheDeveloper,thegeneralcontractoroftheProjectandanymanageroftheProjectthatmightotherwisebeavailableatlaworinequity,includingspecificperformance.
Section5.3Waiver.AnypaymentsrequiredunderthisSectionmayberescindedormodifiedbytheDirectoruponconsiderationofthetotalityofthecircumstancesaffectingsuchnoncompliance.
ARTICLEVIMISCELLANEOUS
Section6.1PrimaryContact.TheDirector'sdesignceshallbetheprimarypointofcontactforDeveloperforthepurposesofcollectingorprovidinginformation,orcarryingoutanyoftheactivitiesunderthisAgreement.
Section6.2Notices.Anynotice,paymentorinstrumentrequiredorpermittedbythis,
Agreementtobegivenordeliveredtoeitherpartyshallbedeemedtohavebeenreceivedwhenpersonallydelivered,mailedoremailed(withemailconfirmation),addressedasfollows:
‘ToDSLBD: DepartmentofSmallandLocalBusinessDevelopment4414"StreetNW, Suite850North
Washington,DC20001Attention:DirectorTel:(202)727-3900
Fax:(202)724-3786and
OffficeoftheDeputyMayorforPlanningandEconomieDevelopmentGovernmentoftheDistrictofColumbiaJohnA.WilsonBuilding1350PennsylvaniaAvenueNW,Suite317
Washington,DC20004
CBEAGREEMENT-RFKSewerLineRelocation
Attention:DeputyMayorforPlanningandEconomicDevelopment(202)727-6365
(202)727-6703

Withacopyto: OfficeoftheAttorneyGeneral
JohnA.WilsonBuilding1350PennsylvaniaAvenueNW,Suite407Washington,DC 20004
Attention:AttorneyGeneralTel:(202)724-3400Fax:(202)347-8922
ToDeveloper: RFKBuilderLLCd/b/aWashingtonCommanders
Attention:ChiefLegalOfficer4600RiverRoadRiverdale,MD 20737Email: legaldepartment@commanders.com
Tel:703.726.7417
Withacopyto: DLAPiperLLP(US)
Attention:MarkD.Whitaker500EighthSt.,NWWashington,DC20004Email:mark.whitak:
Tel:202.799.4000 .dlapiper.com
Eachpartymaychangeitsaddressfordeliveryofnoticebydeliveringwrittennoticeofsuchchangeofaddresstotheotherparty.
Section6.3Severability.IfanypartofthisAgreementisheldtobeillegalorunenforceablebyacourtofcompetentjurisdiction,theremainderofthisAgreementshallbegiveneffecttothefullestextentpossible.
Section6.4SuccessorsandAssigns.ThisAgreementshallbebindinguponandinuretothebenefitofanypermittedsuccessorsandassignsofthepartieshereto.ThisAgreementshallnotbeassignedbytheDeveloperwithoutthepriorwrittenconsentoftheDSLBD,whichconsent
shallnotbeunreasonablywithheldordelayed.InconnectionwithanysuchconsentofDSLBD,DSLBDmayconditionitsconsentupontheacceptabilityofthefinancialconditionoftheproposedassignee,upontheassignee’sexpressassumptionofallobligationsoftheDeveloper
hereunderoruponanyotherreasonablefactorwhichDSLBDdeemsrelevantinthecircumstances.Inanyevent,anysuchassignmentshallbeinwriting,shallclearlyidentifythescopeoftherightsandobligationsassignedandshallnotbeeffectiveuntilapprovedbythe
DSLBD.DSLBDshallhavenorighttoassignthisAgreementexcepttoanotherDistrictagency.
(CBEAGREEMENT~RFKSewerLineRelocation
Section6.5Amendment;Waiver.ThisAgreementmaybeamendedfromtimetotimeby
writtensupplementheretoandexecutedbyDSLBDandDeveloper.Anyobligationshereundermaynotbewaived,exceptbywritteninstrumentsignedbythepartytobeboundbysuchwaiver,Nofailureordelayofeitherpartyintheexerciseofanyrightgiventosuchpartyhereunderor
thewaiverbyanypartyofanyconditionhereunderforitsbenefit(unlessthetimespecifiedhereinforexerciseofsuchright,orsatisfactionofsuchcondition,hasexpired)shallconstitutea
waiverofanyotherorfurtherrightnorshallanysingleorpartialexerciseofanyrightprecludeotherorfurtherexercisethereoforanyotherright.Thewaiverofanybreachhereundershallnotbedeemedtobeawaiverofanyotheroranysubsequentbreachhereof.
Section6.6GoverningLaw.ThisAgreementshallbegovernedbythelawsoftheDistrictof
Columbia.
Section6.7Counterparts.ThisAgreementmaybeexecutedincounterparts,eachofwhichshallbedeemedanoriginal.

Section6.8EntireAgreement.AllpreviousnegotiationsandunderstandingsbetweenthepartiesheretoortheirrespectiveagentsandemployeeswithrespecttothetransactionssetforthhereinaremergedintothisAgreement,andthisAgreementalonefullyandcompletelyexpressestheparties’rights,dutiesandobligationswithrespecttoitssubjectmatter.
Section6.9Captions,Gender,NumberandLanguageofInclusion.ThecaptionsareinsertedinthisAgreementonlyforconvenienceofreferenceanddonotdefine,limitordescribethescopeorintentofanyprovisionsofthisAgreement.Unlessthecontextclearlyrequires
otherwise,thesingularincludestheplural,andviceversa,andthemasculine,feminineandneuteradjectivesincludeoneanother.AsusedinthisAgreement,theword“including”shallmean“includingbutnotlimitedto.”
Section6.10Attachments.Thefollowingexhibitsshallbedeemedincorporatedintothis
Agreementintheirentirety(THEREARE NO ATTACHMENTS 2AND 3FOR THIS
PROJECT):
Attachment1: CBEMinimumExpenditureAttachment4 QuarterlyReportAttachment5. VendorVerificationForms
Attachment6: SuggestedOutreachActivities
DSLBD reservestherighttoamendthetemplatesforallAttachments,
Section6.11CollectedPenalty/Fines.Any andallfinesimposedandcollectedbyDSLBD
pursuanttothisAgreementwillbedepositedintothefundestablishedbyD.C.OfficialCode§2-
218.75.
Section6.12BindingEffect,ThisAgreementshallbebindinguponandinuretothebenefitofthepartiesheretoandtheirrespectivesuccessors,assigns,heirsandpersonalrepresentatives.

(CBEAGREEMENT—RFKSewerLineRelocation
Section6.13Recitals.TheRecitalssetforthonthefirstpageareincorporatedbyreferenceandmadeapartofthisAgreement.
{Signaturestofollow]
i
26
March
Date Submitted: 3/23/2026
PROJECT OVERVIEW
Project Name:
Project Owner/Sponsor: Washington Commanders
Developer & Managing Member: Washington Commanders
Zoning Counsel:
Advisory Neighborhood Commission ANC 7D
Project Location:
SOURCES OF FUNDS Per Unit % Total
District Subsudiy 48,696,948$ -$
DC Design Purchase 1,110,302$ -$
Total Sources of Funds: 49,807,250$ -$ 100%
TOTAL BUDGET PER UNIT EXCLUSIONS ADJUSTED BUDGET JUSTIFICATION FOR EXCLUSION
Uses - Soft Costs
Civil Engineering 406,236$ -$ -$ 406,236$
Structural Engineering 27,500$ -$ -$ 27,500$
DC Design Purchase 1,110,302$ -$ 242,766$ 867,536$
These inclusions cover permitting fees and WMATA’s consultant services. Permitting fees are
not eligible for CBE participation. WMATA engages a third-party consultant, Mueser Rutledge
Consulting Engineers (MRCE), to evaluate potential impacts to Metrorail infrastructure. MRCE
is not CBE-certified.
Legal Fees 100,000$ -$ -$ 100,000$
Project Administration 1,039,951$ -$ -$ 1,039,951$
Permits 400,535$ -$ 400,535$ -$ Permitting fees are not eligible for CBE participation. This line item is separate from the
permitting fees captured under the DC Design Purchase line item.
Insurances 806,175$ -$ 806,175$ -$ Project level insurances are excluded due to underwriting, credit, and regulatory requirements.
Contingency 6,241,508$ -$ 6,241,508$ -$ If expended, costs will be documented and spent with CBEs to the extent possible.
Uses - Construction Hard Costs
79,045$ -$ -$ 79,045$
260,165$ -$ -$ 260,165$
93,775$ -$ -$ 93,775$
12,453,097$ -$ -$ 12,453,097$
139,370$ -$ -$ 139,370$
5,000,000$ -$ 5,000,000$ -$
If expended, costs will be documented and spent with CBEs to the extent possible.
10,000$ -$ -$ 10,000$
9,504,484$ -$ 9,504,484$ -$
Due to the specialized nature of the work and the level of technical expertise required, no CBE
firms have been identified as capable of performing this scope. Discussed with DSLBD BizOps
on 3/20/2026.
3,024,500$ -$ 3,024,500$ -$
Due to the specialized nature of the work and the level of technical expertise required, no CBE
firms have been identified as capable of performing this scope. Discussed with DSLBD BizOps
on 3/20/2026.
4,400,401$ -$ 4,400,401$ -$
Due to the specialized nature of the work and the level of technical expertise required, no CBE
firms have been identified as capable of performing this scope. Discussed with DSLBD BizOps
on 3/20/2026.
1,525,000$ -$ 1,525,000$ -$
Due to the complexity, scale, and coordination required for stadium-related projects, no CBE
firms have been identified as capable of performing this scope. The General Contractor's (Clark,
Mortenson, Smoot), General Conditions costs, which cover staffing and project management, are
not eligible for CBE participation. Discussed with DSLBD BizOps on 3/23/2026.
643,000$ -$ 343,000$ 300,000$ Excludes cost include work related to internal work for General Contractor, utility consumption
fees, and trailers. Discussed with DSLBD BizOps on 3/23/2026.
963,685$ -$ 963,685$ -$ If expended, costs will be documented and spent with CBEs to the extent possible.
1,578,521$ -$ 1,578,521$ -$
No CBE firms have been identified as capable of providing insurance and bonding for this
project. As the General Contractor is not a CBE entity, their fees are also not eligible for CBE
participation.
TOTAL USES 49,807,250$ -$ 34,030,575$ 15,776,675$
Total Project Budget 49,807,250$ Acquisition Exclusions -$
Total Exclusions 34,030,575$ Soft Costs Exclusions 7,690,984.00$
Adjusted Budget 15,776,675$ $/Unit Hard Costs Exclusions 26,339,591.00$
CBE Minimum Expenditure
(40%) 6,310,670$ Total Exclusions 34,030,575$
Additional CBE Minimum
Utilization (50%) 7,888,338$ 157,767$ Check 34,030,575
Shortfall Payment - 10% of CBE
Minimum Expenditure 631,067.00
Approved by: Rosemary Suggs-Evans, Director, Department of Small and Local Business Development Date:
General Conditions
General Requirements
Contingency
Insurance, Bond, and General Contractor Fees
Survey
Bridge Monitoring
Site Investigation
Storm Sewer Utility & Precast Structures (Furnish and Install)
Fencing
Contaminated Soils/Water Allowance
Tree Removal
Jack and Bore & Cast In Place Utility Structures
Auger Cast Piles
Engineered Deep Well Dewatering System
100%
21300 Coach Gibbs Drive, Ashburn, VA, 20147
Attachment 1
RFK Development - Storm Sewer Relocation Work
PRELIMINARY BUDGET ESTIMATE OF DEVELOPMENT COSTS
2400 East Capitol Street SE, Washington, DC
USES of FUNDS
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
WASHINGTON COMMANDERS
WASHINGTON, DC
March 26, 2026
Signature:

Fiscal Year: Select Quarter Select
1. Name: (Place 'X' by one)
is a Prime
Contractor or is the Developer
2. Project:
(Place 'X' by one)
District Agency
Contract: Agency Name &
Contract
No. OR
Private Project
(Project Name &
Address):
Total Contract
Amount or
Project Costs 35% SBE
Requirement
I of
(Name) (Title)
Date of
Expenditure
(Date check
issued to
Subcontractor)
SBE/CBE
Subcontractor
Company Name
Certification #
(Must be active at
the time
Goods/Services
Provided &
Payment Made)
FEIN
Total # of DC
Resident
Employees
SBE (Y/N) CBE
(Y/N)
DBE
(Y/N)
Description of Goods / Services
Provided by Subcontractor
using its own organization and
resources
VVF
Included
(Y/N)
Executed
Subcontract
Included or
Previously
Submitted
(Y/N)
Total Subcontract
Amount
If Lower Tier
Subcontractors, the
portion of the total
subcontract dollar
amount for goods/
services provided by this
SBE/CBE Subcontractor
was using its own
organization & resources
Actual Dollar
Amount
Spent this
Quarter
Actual Dollar
Amount
Spent to Date
Select
Multiplier
Adjusted
Dollar
Amount
Spent this
Quarter
(Incl.
Multiplier)
Adjusted
Dollar Amount
Spent to Date
(Incl. Multiplier)
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
QUARTERLY REPORT (Attachment 4)
(Signature) (Date)
3. Place 'X' here, if TARGET SECTOR/MULTIPLIER applies to this reporting (i.e. Only for old CBE
Agreements & MOUs):
4. Place 'X' here, if this is a Private Project Submitting SBE Subcontracting Plan with this
Quarterly Report:
(Company)
swear or affirm this report is true and accurate.

Page 1 of 2
VVF (Revised – December 2020)

VENDOR VERIFICATION FORM (“VVF”)

Year: Select Quarter: Select

PART I. Agency Contract/ Project Details:

Contract/Project Name:

( one)

District Agency Contract: Prime Contractor District Agency & Contract #
Private Project: Beneficiary

PART II. SBE/ CBE Contractor/ Subcontractor & Lower Tier Subcontractor Details:

Insert Company Name is an ( one) SBE/CBE Subcontractor SBE/CBE Lower Tier Subcontractor SBE/CBE
General Contractor providing the following scope of work/ products using its own organization and resources (specify)
: . The SBE/CBE Company’s CBE certification is active and the number is .

PART III. SBE/CBE Company’s Subcontracts to Lower Tier SBE/CBE or Non-CBE Companies: ( one)

a. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Project/Contract using its
own organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part IV.)

b. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Subcontract using its own
organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part IV.)

c. SBE/CBE Company subcontracted a portion of the Contract/Subcontract to a lower tier subcontractor. (List every
CBE and non-CBE lower tier subcontractor.)

Lower Tier
Subcontractor
Name
Lower Tier
Subcontractor
is: SBE, CBE
or Non-CBE
Total
Amount of
Lower Tier
Subcontract
Amount Paid to
Lower Tier
Subcontractor
This Quarter
Amount Paid to
Lower Tier
Subcontractor
to Date
Detailed
Description of
lower tier
subcontractor’s
scope of work
CBE
Certification
Number
Fully
Executed
Lower Tier
Subcontract
provided
with this
VVF*
1. Select $ $ $ Select
2. Select $ $ $ Select
3. Select $ $ $ Select
4. Select $ $ $ Select

*THIS VVF WILL NOT BE ACCEPTED, AND NO CREDIT GIVEN, UNTIL THE FULLY EXECUTED
CONTRACTS/ SUBCONTRACTS AND VVFs FOR ALL SBEs & CBEs LISTED IN PART III c. ARE PROVIDED!

SBE/ CBE Subcontracting Credit will only be assessed for the portion of services & goods provided by each SBE/ CBE
Company AND each SBE/ CBE Lower Tier Subcontractor USING ITS OWN ORGANIZATION AND RESOURCES.

Page 2 of 2
VVF (Revised – December 2020)

PART IV: Provide DETAILED Description of Scope of Work Provided by SBE/CBE Company:

The total amount of the contract/subcontract = $ (amount should include all change orders); the total amount
subcontracted to SBE & CBE lower tier subcontractors = $ (amount should include all change orders). SBE/CBE
Company was paid total of $ , during this quarter. The total amount SBE/CBE has been paid to date for portion of
contract/subcontract performed with its own organization and resources is $ . The remaining amount to be paid to the
SBE/CBE Company for portion of contract/subcontract performed with its own organization and resources is $ .

ACKNOWLEDGEMENT

I declare, certify, verify, attest or state under penalty of perjury that the information contained in this Vendor Verification Form, and any
supporting documents submitted, are true and correct to the best of my knowledge and belief. I further declare, certify, verify, attest or
state under penalty of perjury that I have the authority and specific knowledge of the goods and services provided under each
contract/subcontract contained in this Vender Verification Form. I understand that pursuant to D.C. Off icial Code § 22-2402, any 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 contained in this Vender Verification Form may be grounds for revocation of my CBE registration pursuant to D.C.
Official Code § 2-218.63. I also understand that failure to complete this Vender Verification Form properly will result in no credit
towards the SBE and CBE Subcontracting Requirements. Further, a Prime Contractor, Developer, CBE, or Certified Joint Venture, if
subject to, that fails to comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2014 (D.C. Law 20-108) (the “Act”), shall be subject to penalties as outlined in the Act.

NOTARIZATION
The undersigned, as a duly authorized representative of , CBE/SBE Company, swears or affirms that the statements
made herein are true and correct.

Signature: _________________________ Title:
Print Name: Date:
District of Columbia (or State/Commonwealth of ___________________); to wit:
Signed and sworn to or affirmed before me on this day of ,
, by , who is well known to me or has been sufficiently verified as the person who executed the foregoing
affidavit and who acknowledged the same to be his/her free act and deed.
Notary signature: __________________________________________
(Seal)

My commission expires: ________________________
ATTACHMENT 6

DOCUMENTATION OF ADDITIONAL OUTREACH EFFORTS

The general contractor “GC” may submit the following written documentation of its
certified business enterprise “CBE” outreach and involvement efforts:

(a) A listing of specific work scopes on a trade specific basis identified by the
GC in which there are subcontracting opportunities for CBEs;

(b) Copies of written solicitations used to solicit CBEs for these
subcontracting opportunities;

(c) A description of the GC's attempts to personally contact the solicited
CBEs including the names, addresses, dates and telephone numbers of the
CBEs contacted, a description of the information provided to the CBEs
regarding plans, specifications and anticipated schedules for the work to
be performed, and the responses of the CBEs to the solicitation;

(d) In the event CBE subcontractors are found to be unavailable, the GC must
request a written Statement of CBE Unavailability from the DSLBD;

(e) A description of the GC's efforts to seek waiver of bonding requirements
for CBEs, if bonding is required;

(f) A copy of the GC's request for reduction in or partial release of retainage
for CBE;

(g) A copy of the contract between the prime contractor and each CBE
subcontractor if a contract is executed between the District and the prime
Contractor.

EXHIBIT K

FIRST SOURCE AGREEMENT

[SEE ATTACHED]

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
xk *
—
bl
MurieL BOWSER Dr.UNIQUEMorris-HUGHES
Mayor Director
March27,2026
JuneLocker
RFK BuilderLLC
4600RiverRoad
Riverdale,MD 20003
Re:FirstSourceEmploymentAgreement
DearMs.Locker,
EnclosedisyourcopyofthesignedFirstSourceEmploymentAgreementbetweentheD.C.Department
ofEmploymentServices(DOES)andRKFBuilderLLCDeveloper63,GeneralContractorO]or
SubcontractorCJ.UnderthetermsoftheAgreement,youarerequiredtouseDOESasthefirstsourceto
fillallnewjobscreatedasaresultofProject:RFKStadiumStormSewerRelocation
‘YoumustregisterandpostyourjobvacanciestotheDepartmentofEmploymentServices’VirtualOne~Stop(VOS)atwww.denetworks.org.
Inaddition,atleast$1%ofthenewlycreatedjobsmustbefilledbyD.C.residents.Further,DistrictresidentsregisteredinprogramsapprovedbytheDistrictofColumbiaApprenticeshipCouncilshallwork35%ofallapprenticeshiphoursworkedinconnectionwiththeProject.
Important:AllGeneralContractorsensurethatallsubcontractorsthataresubjecttotheFirstSourceEmploymentAgreementrequirementsadheretotheFirstSourcemonthlyreporting.CLICKHERETOREGISTERintheFirstSourceOnlineRegistrationandReportingSystem(FORRS),andreportbythe10"ofeachmonththroughoutthedurationofthecontract.
Ifyouhaveanyquestionsorneedadditionalinformation,pleasecontactJosephTaylor,(202)671-1048,joseph.taylor@de.gov
aesDanielKing
Associate Director
OfficeofFirstSourceComplianceEnclosure
4058MinnesotaAve,N.E.*Suite5000+ Washington,D.C.20019+Office:202.671.1900
xe kk *
— GOVERNMENT OF THE DISTRICTOF COLUMBIA. —
FIRSTSOURCE EMPLOYMENT AGREEMENT FOR
RFK STADIUM CONSTRUCTION PROJECTSONLY
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION:
CONTRACT/SOLICITATION NUMBER:
DISTRICT CONTRACTING AGENCY: __DMPED_ EE
CONTRACTINGOFFICER: DarylThomas
TELEPHONENUMBER:202-727-6365 EMAIL
TOTAL CONTRACT AMOUNT: $48,696,948
THISSECTIONTO BECOMPLETED BY THE BENEFICIARYONLY:TOTALGOVERNMENTASSISTEDFUNDEDAMOUNT:__$48,696,948.00DATE.MCONTRACT GGRANT GLOAN oTAXABATEMENTOREXEMPTIONo LANDTRANSFERGLANDDISPOSITIONANDDEVELOPMENTAGREEMENT0TAXINCREMENTFINANCING
GQADDITIONALLEGISLATION,IFANY(D.C.CODE#).

BENEFICIARY CHOOSES TO MEET THE DISTRICT RESIDENT HIRING REQUIREMENTS
APPLICABLE TO THIS PROJECT:
(1)CUMULATIVE OF ALL HIRES, INCLUDING THOSE NEW HIRES BY
SUBCONTRACTORSATANYTIERONTHEPROJECTORConTRACT[] oR
(Il)MET BY EACHBENEFICIARYCOVEREDBY THISPARAGRAPHAND EACHINDIVIDUAL
SUBCONTRACTORATANY TIERWHO WORKS ON THEPROJECTOR CONTRACT
PROJECTNAME: RFKStadiumStormSewerRelocation
2400BastCapitolStNEPROJECTADDRESS:_2400EastCapitolStNE

CITY:__Washington,DC STATE: _DC ZiPCODE:20003PROJECTSTARTDATE:March2026 PROJECTENDDATE:_December2027BENEFICIARYINFORMATION
BENEFICIARYNAME:RFKBuilderLLCBENEFICIARYADDRESS:__4600River Road _ SS
CITY:__Riverdale STATE:MD ZiPCODE: _20737FEDERALIDENTIFICATIONNO=_41-3237598CONTACT PERSON:_ Andrew VanHorn
TITLE:__HeadofReal Estate’
E-MAIL:andy,vanhorn@commanders.com TELEPHONE NUMBER: §71,690,0542
CERTIFIEDBUSINESSENTERPRISESCERTIFICATIONNUMBER: __N/AD.C.APPRENTICESHIPCOUNCILREGISTRATIONNUMBER:__~_N/A

ThisFirstSourceEmploymentAgreement(Agreement),inaccordancewiththeFirstSourceEmploymentAgreementActof1984(“theAct”).D.C.Law 5-93;D.C.OfficialCode§§2-219.01-2219.35&§10-1605.04,isa requiredagreementbetweentheDistrictofColumbiaDepartmentofEmploymentServices(DOES)andBENEFICIARY.IntheeventofanydifferencebetweenthetermsofthisAgreementandtheprovisionsofapplicablelaw,thetermsofthestatute/sshallcontrol
BENEFICIARYisworkingonanRFK StadiumconstructionprojectsubjecttotheRobertF.Kennedy
CampusRedevelopmentEmergencyAmendmentActof2025,D.C.Act26-150,codifiedatD.C.Official
Code§10-1605.04.
FirstSourcehiringrequirementsweresignificantlymodifiedfortheRFKCampusRedevelopmentProject(“Project”),asfollows:
A Beneficiaryonsuchprojectisrequiredtomakegoodfaitheffortstoensurethat$1%ofallnewhiresfortheProjectareDistrictresidents,andthatresidentsofWards7and8receiveahiringpreferenceforatleast20%ofthenewjobscreatedinconnectionwiththeProject.Page|of10 Firs!SoueEmplymenrere,RevisedMarch23.20%
‘TheserequirementsareinlieuofthenormalresidenthiringrequirementsimposedbytheFirstSourceAct.
DOESisthefirstsourceforrecruitment,referral,andplacementofnewhiresoremployeesforalljobscreatedbytheGovernmentAssistedProjectorContract(Project).
‘TheBENEFICIARYagreestothetermsandconditionsoftheAgreementasfollows:
1. DEFINITIONS
ThefollowingdefinitionsshallgovernthetermsusedinthisAgreement.
‘A.Apprenticemeansaworkerwhoisemployedtolearnanapprenticeableoccupationunderthetermsandconditionsofapprovedapprenticeshipstandards.
B.Beneficiarymeans:1.ThesignatorytoacontractexecutedbytheMayorwhichinvolvesanyDistrictofColumbiagovernmentfunds,orfundswhich,inaccordancewithafederalgrantorotherwise,theDistrictgovernmentadministersandwhichdetailsthenumberanddescriptionofalljobscreatedbya government-assistedProjectforwhichthebeneficiaryisrequiredtousetheFirstSourceRegister;or

2.ArecipientofDistrictgovernmenteconomicdevelopmentactionincludingcontracts,grants,loans,taxabatements,landtransfersforredevelopment,ortaxincrementfinancingthatresultsinafinancialbenefitof$300,000ormorefromanagency, commission,instrumentality,orotherentityoftheDistrictgovernment,includingafinancialorbankinginstitutionwhichservesastherepositoryfor$1millionormore

assistedProjecttotaling$300,000ormore.
D. Directlaborcostsmeansallcosts,includingwagesandbenefits,associatedwiththehiringandemploymentofpersonnelassignedtoaprocessinwhichpayrollexpensesaretracedtotheunitsofoutputandareincludedinthecostofgoodssold.
E, Indirectlaborcostsmeansallcosts,includingwagesandbenefits,thatarepartofoperating
expensesandareassociatedwiththehiringandemploymentofpersonnelassignedtotasksotherthanproducingproducts.
F. FirstSourceEmployerPortalisa websiteconsistingofa connectedgroupofstaticand
dynamicwebpageswiththeabilityforEmployerstoenterdatausingtheinternet.ThewebsiteisaccessiblebyaUniformResourceLocator(URL)antismaintainedbyDOES.

G. FirstSourceRegistermeanstheDOES AutomatedApplicantFiles,whichconsistsofthe
namesof DC residentsregisteredwithDOES.
H.GoodfaitheffortmeansaBENEFICIARYhasexhaustedallreasonablemeanstocomplywithresidenthiringrequirementsandworkforcedevelopmentpurposesoftheFirstSourceLawandthisAgreement.
1.Government-assistedprojectorcontract(Project)meansanyconstructionornon-constructionProjectthatreceivesfundsorresources,valuedat$300,000ormore,fromtheDistrictofColumbia,orfundsorresourceswhich,inaccordancewitha federalgrantorotherwise,theDistrictofColumbiagovernmentadministers,includingcontracts,grants,loans,
Page2 of10 FieSourceEmpleymentAgreement,RevisedMarch2,202

J
taxabatementsorexemptions,landtransfers,landdispositionanddevelopmentagreements,taxincrementfinancing,oranycombinationoftheaforementioned.
HardtoemploymeansaDistrictofColumbiaresidentwhoisconfirmedbyDOESas:
1.Anex-offenderwhohasbeenreleasedfromprisonwithinthelast10years;2. A participantoftheTemporaryAssistanceforNeedyFamiliesprogram;3.A participantoftheSupplementalNutritionAssistanceProgram;4. LivingwithapermanentdisabilityverifiedbytheSocialSecurityAdministrationor
Districtvocationalrehabilitationprogram;5S. Unemployed for6 months or more in the last12-month period,
6.Homeless;7.A participantorgraduateoftheTransitionalEmploymentProgramestablishedby§D.C.OfficialCode32-1331;or
8. AnindividualwhoqualifiedforinclusionintheWorkOpportunityTaxCreditProgramascertifiedbytheDepartmentofEmploymentServices.

Jobsmeansany unionand non-unionmanagerial,non-managerial,professional,nonprofessional,technicalornontechnicalpositionincluding:clericalandsalesoccupations,serviceoccupations,processingoccupations,machinetradeoccupations,benchworkoccupations,structuralworkoccupations,agricultural,fishery,forestry,andrelatedndanyotheroccupationsastheDepartmentofEmploymentServicesmayidentifyintheDictionaryofOccupationalTitles,UnitedStatesDepartmentofLabor.

NewHire:Individual(s)newlyhiredtoperformworkonagovernmentassistedProject.
|.Transfer:ExistingemployeewhohasbeenmovedfromoneProjecttoanotherProject.

Journeymanmeansaworkerwhohasattainedalevelofskill,abilitiesandcompetenciesrecognizedwithinanindustryashavingmasteredtheskillsandcompetenciesrequiredforthecoccup:

RevisedEmploymentPlanmeansadocumentpreparedandsubmittedbytheBENEFICIARYthatincludesthefollowing:
1.A projectionofthetotalnumberofnewpositionsthatwillbecreatedasaresultofthecontract,includingthejobtitle,numberofpositionsavailable,indicationofpart-time
orfull-timestatus,salaryrange,unionaffiliation(ifapplicable),andthecontractedhiredat

2.A rosterofallcurrentemployeestoincludethename,affirmationofDC residence(check mark), and Ward, including apprentices,trainees,and transfersfrom other
projectsorcontracts,whowillbeemployedontheContracvProject;
3.A projectionofthetotalnumberoffull-timeandpart-timesalariedemployeesonanannual basisthatwillbe utilizedon the Contract/Projectand the totalnumberof full-
timeandpart-timesalariedemployeesthatwillbeDistrictresidents;

4. AprojectionofthetotalnumberofhourstobeworkedontheContracu/Projectbyfull-timeandpart-timehourlywageemployeesonanannualbasisandaprojectionofthetotalnumberofhourstobeworkedontheContract/Projectbyfull-timeandpart-timehourlywageemployeeswhoareDistrictresidents;
5.A timetableoutliningthetotalnumberofhourstobeworkedontheContracUProjectbyfull-timeandpart-timehourlywageemployeesbyjobcategoryandthetotalnumberofPage3of10. FimSowseEnplerendgrenen,ReviMarch23.038
P.
full-timeandpart-timesalariedemploycesbyjobcategoryoverthedurationofthelifeofthehiringrequirementssetforthbyDOESandanassociatedhiringschedulewhichpredictswhenspecificjobopeningswillbeavailable;
6 Descriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions:
7.A StrategytofulfillDC residenthiringrequirementspursuanttothisAgreement,includinga componenton communicatingtheserequirementstocontractorsand
subcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbia
CommunityCollege,DOES,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,orothergovernment-approved,community-basedjobtrainingproviders;

8.Aremediationstrategytoameliorateanyproblemsassociatedwithmeetingthesehiringrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors;
9.ThedesignationofaseniorofficialfromtheBENEFICIARYwhowillberesponsibleforimplementingthehiringandreportingrequirements;
10.DescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDCresidentsworkingon theContract/Project;
1. A strategyto ensure that DC residentswho work on the Contract/Projectreceive
ongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDCresidentsfromoneContract/Projecttothenext;

12.A strategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiaPublicCharterSchools,andcommunity-basedjobtrainingproviders,andhard-to-employDC residents;and
13.A disclosureofpastcompliancewiththeWorkforceActandtheDavis-BaconAct,whereapplicable,andtheBENEFICIARY’SgeneralDCresidenthiringpracticesonprojectsorcontractscompletedwithinthelast2years.
‘WashingtonMetropolitanStatisticalAreameanstheDistrictofColumbia;VirginiaCitiesof Alexandria, Fairfax,Falls Church, Fredericksburg,Manassas, and Manassas Park; the
VirginiaCounticsof Arlington,Clarke,Fairfax,Fauquier,Loudon,PrinceWilliam,
Spotsylvania,Stafford,andWarren;theMarylandCountiesofCalvert,Charles,Frederick,MontgomeryandPrinceGeorges;andtheWestVirginiaCountyofJefferson.
WorkforceIntermediaryPilotProgrammeanstheintermediarybetweenemployersandtrainingproviderstoprovideemployerswithqualifiedDC residentjobapplicants.SeeDCOfficialCode§2-219.04b.
GENERAL TERMS
Subjecttothetermsandconditionssctforthherein,DOESwillreceivetheAgreementfromtheContractingAgencynolessthan7calendardaysinadvanceoftheProjectstartdate.NoworkassociatedwiththerelevantProjectcanbeginuntiltheAgreementhasbeenacceptedbyDOES.
Pageof10 FinsSourceEmploymentAgreement,RevisedMarch28.22%
B.ThisAgreementwilltakeeffectonthedateofexecution.NoworkcanbeginpriortoexecutionoftheAgreement,whichisfullyeffectivethroughouttheduration,oranyextensionormodificationoftheProject,anduntilsuchtimeasconstructioniscompleteanda finalcertificateof occupancy isissued.
C. IfaBENEFICIARYbeganworkpriortotheexecutionofa FirstSourceEmploymentAgreement,theBENEFICIARYshallceaseworkontheProjectandsignaFirstSourceEmployment Agreement to be bound by the applicableFirstSource Employment Agreement
requirements,retroactively,fromthestartofworkthroughoutthedurationofthecontract.

D. DOES willproviderecruitment,referral,andplacementservicestotheBENEFICIARY,subjecttothelimitationsinthisAgreement.
E,DOESandtheBENEFICIARYagreethat,forpurposesofthisAgreement,newhiresandjobscreatedfortheProject(bothunionandnonunion)includealljobopeningsandvacanciesintheWashingtonMetropolitanStatisticalAreacreatedfortheProjectasa resultofinternalpromotions,terminations,andexpansionsoftheProjectworkforce.

F. If,duringthetermofthisAgreement,theBENEFICIARYshouldtransferpossessionofallor4portionofitsbusinessconcernsaffectedbythisAgreementtoanyotherpartybylease,sale,assignment,merger,orotherwisethisFirstSourceAgreementshallremaininfullforceandeffect,and transfereeshall remain subject to all provisions herein. In addition,the
BENEFICIARY as a conditionof transfershall:

\.NotifytheBENEFICIARYtakingpossessionof theexistenceof thisBENEFICIARY'SFirstSourceEmploymentAgreement.
2. NotifyDOESwithin7businessdaysofthetransfer.Thisnoticewillincludethenameofthepartytakingpossessionandthenameandtelephonenumberofthatparty'srepresentative,
G.TheBENEFICIARYandDOESmaymutuallyagreetomodifythisAgreement.Any
mm.
A.
Vv.
A.
B.
modificationshallbeinwriting.Ifmutuallyagreedupon,DOESwilladdmodificationstoanaddendumtotheAgreementwhichmustbesignedbytheBENEFICIARYandDOESandattachedtotheoriginalAgreement.
TotheextentthatthisAgreementisinconflictwithanyfederallaborlawsorgovernmentalregulations,thefederallawsorregulationsshallprevail.
TRAINING
DOESandtheBENEFICIARYmayagreetodevelopskillstrainingandon-the-jobtraining
programsasapprovedbyDOES.ThetrainingspecificationsandcostforsuchtrainingwillbemutuallyagreeduponbytheBENEFICIARYandDOESandwillbesetforthinaseparateTrainingAgreement,
RECRUITMENT
‘TheBENEFICIARYshallcompletetheattachedRevisedEmploymentPlan.
‘TheBENEFICIARYshallregisterandpostalljobvacancieswiththeJobBankServicesofDOESatwww.denetworks.orgaminimumof10days.Shouldyouneedassistancepostingjobvacancies,pleasecontactJobBankServicesat(202)698-6001
Page$ of10 FiatSeurceEmploymentdprenenRevisedMarch22,2006
Vv.
vi.
vu.
C. The BENEFICIARY shallnotifyDOES of all new jobs createdforthe Projectwithinat least7
businessdays (Monday - Friday)of the BENEFICIARY'’S identification/creationof the new
jobs.TheNoticeofNewJobCreationshallincludethenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,anda descriptionoftheworktobeperformed.Thisnotificationmustbeprovidedbeforeusinganyotherreferralsource.

D.JobopeningstobefilledbyinternalpromotionfromthecurrentProjectworkforceshallbereportedtoDOESforplacementandreferral,ifthejobisnewlycreated.BENEFICIARYshall
provideDOESaNoticeofNewJobCreationthatdetailssuchpromotionsinaccordancewithSection1V.C.
E,TheBENEFICIARYwillsubmittoDOES,priortocommencingworkontheProject.alistofCurrentEmployeesthatincludesthe name,socialsecuritynumber,andresidencystatusofallcurrentemployees,includingapprentices,trainees,andlaid-offworkerswhowillbeemployedontheProject.AllBENEFICIARYandEmployerinformationreviewedorgathered,includingsocialsecuritynumbers,asaresultofDOES’monitoringandenforcementactivitieswillbeheldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.

REFERRAL
A. DOESwillscreenapplicantsthroughcarefullyplannedrecruitmentandtrainingeventsandprovidetheBENEFICIARYwithalistofqualifiedapplicantsaccordingtothenumberof‘employeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformedassuppliedbytheBENEFICIARYinitsNoticeofNewJobCreationsetforthaboveinSectionIV.C.

B. DOESwillnotifytheBENEFICIARYof thenumberofapplicantsDOESwillrefer,priortotheanticipatedhiringdates.
PLACEMENT
A. BENEFICIARYshallingoodfaithusereasonableeffortstoselectnewhiresoremployeesfromamongthequalifiedapplicantsreferredbyDOES.Allhiringdecisionsaremadebythe
BENEFICIARY.
B. IntheeventthatDOESisunabletoreferqualifiedapplicantsmeetingtheBENEFICIARY'Sestablishedqualifications,within7businessdays(Monday-Friday)fromthedateofnotificationfromtheBENEFICIARY.theBENEFICIARYwillbefreetodirectlyfillremainingpositionsforwhichnoqualifiedapplicantshavebeenreferred.However,theBENEFICIARYshallstillberequiredtomeetallFirstSourcehiringrequirementsorhoursworkedpercentagesforalljobs
createdand/orhoursworkedontheProject.
C. AftertheBENEFICIARYhasselecteditsemployees,DOESisnotresponsiblefortheemployees’actionsandtheBENEFICIARYherebyreleasesDOES,andtheGovernmentoftheDistrictofColumbia,theDistrictofColumbiaMunicipalCorporation,andtheofficersandemployeesoftheDistrictofColumbiafromanyliabilityforemployees’actions.

REPORTINGREQUIREMENTS
A. BENEFICIARYshallregisterintheFirstSourceOnlineRegistrationandReportingSystemfor
electronicsubmissionofallmonthlyContractCompliancedata,weeklycertifiedpayrollsand
Page6of10 FisSourceEmpouewAgreementRevsMarch22026
anyotherdocumentsrequiredbyDOESforreportingandmonitoring.
B.BENEFICIARYshallsubmittotheDepartmentofEmploymentServiceseachmonthfollowingthestartoftheProjectahiringcompliancereportfortheProjectthatincludesthe:‘Numberofnewjobopeningscreated/available;‘NumberofnewjobopeningslistedwithDOES,oranyotherDistrictAgency;NumberofDCresidentshiredfornewjobs;
NumberofemployeestransferredtotheProject;NumberofDC residentstransferredtotheProject;Directorindirectlaborcostassociatedwiththeproject:Eachemployee'sname,jobtitle,socialsecuritynumber,hiredate,residence,and
referralsource;and8. Workforcestatisticsthroughouttheentireprojecttenure.

MOMs
wn

C.BENEFICIARYmayberequiredtoprovideverificationofhiringpercentagesofDC residents,suchasintemalpayrollrecordsforconstructionProjectsthatarenotsubjecttoDavis-Bacon.
VII. FINALREPORT AND GOOD FAITHEFFORTS
‘A.WiththesubmissionofthefinalrequestforpaymentfromtheContractingAgency,theBeneficiaryshall:
1.ReporttoDOESitscompliancewiththehiringrequirementforalljobscreatedbytheProject

2, SubmittoDOESarequestforawaiverofthehiringrequirementforalljobscreatedbytheProjectthatwillincludethefollowingdocumentation:a. DocumentationsupportingBENEFICIARY’sgoodfaithefforttocomply;b._ReferralsprovidedbyDOESandotherreferralsources;and©. AdvertisementofjobopeningslistedwithDOESandotherreferralsources.

B. DOESmaywaiveorpartiallywaivethehiringrequirementsforDistrictresidentforjobscreatedbytheProject,if:1.DOEShascertifiedthattheBeneficiarydemonstratedagoodfaithefforttocomply,as
setforthinSectionVIILC.;or
2.TheBeneficiaryislocatedoutsidetheWashingtonMetropolitanStatisticalArea,andnoneofthecontractworkisperformedinsidetheWashingtonMetropolitanStatisticalArea;
3.TheBeneficiarypublishedeachjobopeningorpart-timeworkneededfor7calendardaysinaDistrictnewspaperofcity-widecirculation;and
4, TheDOEScertifiesthatthereareinsufficienteligibleapplicantsfromtheFirstSourceRegisterthatpossesstheskillsrequiredbythepositions,ortheeligibleapplicantsarenotavailableforpart-timeworkordonothaveameanstotraveltotheonsitejobs:or
5.TheBeneficiaryenteredintoa specialworkforcedevelopmenttrainingorplacementarrangementwithDOESorwiththeDistrictofColumbiaWorkforceIntermediary.
C. DOESshallconsiderdocumentationofthefollowingwhenmakingadeterminationofagood-faithefforttocomp!

Page7of10 FisSouceEmpormentAgreementReviedMarch22036
Ix,
A
1.DOEShascertifiedthatthereareinsufficientnumberofDistrictresidentsinthelabormarketpossessingtheskillsrequiredbythepositionscreatedasaresultoftheProject.
2. WhethertheBENEFICIARYpostedthejobsontheDOESjobwebsiteforaminimumof10calendardays;
3.WhethertheBENEFICIARYadvertisedeachjobopeninginaDistrictnewspaperwithcity-widecirculationforaminimumof 7calendardays;
4, WhethertheBENEFICIARYadvertisedeachjobopeninginspecialinterestpublicationsandonspecialinterestmediaforaminimumof 7calendardays;
5.WhethertheBENEFICIARYhostedinformational/recruitingorhiringfairs;
6, WhethertheBENEFICIARYcontactedchurches,unions,and/oradditionalWorkforceDevelopmentOrganizations;

7.WhethertheBENEFICIARYinterviewedemployablecandidates;
8. WhethertheBENEFICIARYcreatedorparticipatedina workforcedevelopmentprogramapprovedbyDOES;
9. Whether the BENEFICIARY created or participatedin a workforce development
programapprovedbytheDistrictofColumbiaWorkforceIntermediary;
10.WhethertheBENEFICIARYsubstantiallycompliedwiththerelevantmonthlyreportingrequirementssetforthinthissection;

11,WhethertheBENEFICIARYhassubmittedandsubstantiallycompliedwithitsmost
recentemploymentplanthathasbeenapprovedbyDOES;and

12.Anyaddi
MONITORING
DOES istheDistrictagencyauthorizedtomonitorandenforcetherequirementsoftheFirst
SourceEmploymentAgreementActof1984(“theAct").D.C.Law5-93;D.C.OfficialCode§§2-219.01-2-219.35and§10-1605.04.Asapattofmonitoringandenforcement,DOES.mayrequireandBENEFICIARYshallgrantaccesstoProjectsites,employees,anddocuments.
BENEFICIARY’SnoncompliancewiththeprovisionsofthisAgreementmayresultintheimpositionofpenalties
AIlEMPLOYERandEMPLOYEEinformationreviewedorgathered,includingsocialsecuritynumbers,asaresultofDOES’monitoringandenforcementactivitieswillbeheldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
DOES shallmonitorallProjectsasauthorizedbylaw.DOES will:
1.DOESistheDistrictagencyauthorizedtomonitorandenforcetherequirementsoftheFirstSourceEmploymentAgreementActof1984(“theAct”).D.C.Law5-93;D.C.OfficialCode§§2-219.01-2-219.35and$10-1605.04
Page8of10 FirSourceEmploumensAgreemensRevs!Murch2.3026

2. NotifyBENEFICIARYanditsdesigneestoestablishmeetingstoprovidetechnicalassistanceinvolvingFirstSourcecomplianceprocedures.
3. MakeregularprojectsitevisitstodetermineifthePrimeand/orSubcontractors’workforceisinconcurrencewiththerequiredAgreementandMonthlyComplianceReports.
4. Inspectandcopycertifiedpayroll,personnelrecordsandanyotherrecordsorinformationnecessarytoensurecompliancewiththeFirstSourceLaw.
5. ConductdeskreviewsofMonthlyComplianceReports
6. Educate BENEFICIARY, general contractor,and subcontractorabout additional
servicesofferedbyDOES,suchasOn-the-JobtrainingprogramsandtaxincentivesforEMPLOYERSwhohirefromcertaincategories.

7. Monitorandcompletestatisticalreportsthatidentifytheoverallproject,contractoiandsubcontractors’hiring

8 Provideformalnotificationofnon-compliancewiththerequiredhiring,oranyallegedbreachoftheFirstSourceLawtotheBENEFICIARYandallcontractingagencies,andstakeholders.(Pleasenote:BENEFICIARIESaregranted30daystocorrectanyallegeddeficienciesstatedinthenotification.)
PENALTIES
A WillfulBreachoftheAgreementbytheBENEFICIARY, failuretosubmitthecontractcompliancereports,ordeliberatesubmissionoffalsifieddatamayresultinDOESimposingafineof5% ofthetotalamountofthedirectandindirectlaborcostsoftheProject,inadditiontootherpenaltiesprovidedbylaw.FailuretomeettherequiredhiringrequirementsorfailuretoreceivegoodfaithwaivermayresultinDOESimposingapenaltyequalto1/8of1%ofthetotalamountofthedirectandindirectlaborcostsoftheProjectforcachpercentagebywhichthebeneficiaryfailstomectthehiringrequirements.
BENEFICIARIESwhohavebeenfoundinviolation2timesormorewithina10-yearperiodmaybedebarredand/ordecmedincligibleforconsiderationforProjectsforapcriodofSyears.
Within90daysofaDeterminationofa Penalty,theBENEFICIARYmayappealanydecisionofDOESregardingacontracttotheContractAppealsBoardinaccordancewithD.C.Code§2.219.03(eX5).

Page9 of10 FiSoeeEmploymengrementReidMarch23.2038
Iherebycertifythat|havetheauthoritytobindtheBENEFICIARYtothisAgreementfromthestartof
workontheProject,throughoutthedurationoftheProject,andagreetoalltermsandconditionsherein
By:
Andrew VanHorn
BENEFICIARYSeni

ficial(Print)
BENEFICIARYSeniorOfficial(Signature)
RFK BuilderLLC
NameofCompany
4600 RiverRoad
Address
571.690.0542
Telephone
andy.vanhorn@commanders.com
Email
+ <
fed 4SignatureDepartm‘otatbloymentServices

Date
Date
Page10of10
2c [26
3/g7/Z6
FurSourceEmplomenIrermentRevisedMarch33.2026
*
*
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
*
+
+
REVISED FIRSTSOURCE EMPLOYMENT PLAN—RFK STADIUM PROJECT
GOVERNMENT-ASSISTEDPROJECT/CONTRACTINFORMATIONDISTRICTGOVERNMENTCONTRACTINGAGENCY:___DMPEDDISTRICTGOVERNMENTCONTRACTINGOFFICER: DarylThomasTELEPHONENUMBER:___(202) 727-6365BENEFICIARYTOTALCONTRACTAMOUNT:$48,696,048
PROJECT NAME:REKStadiumStormSewerRelocationPROJECTADDRESS:2400EastCapitolStreetNEcity;Washington
CITY: Riverdale
6.26:
STATE:DC ZIPCODE: _20003
PROJECTDESCRIPTIONOFWORK: provideallnecessarydevelopmentservicesto complete the relocationof the Sewer
PROJECTSTARTDATE:March2026 PROJECTEND DATE:December2027
to complete the relocationof the Sewer
BENEFICIARY INFORMATION
BENEFICIARYNAME:RFKBuilderLLCBENEFICIARY ADDRESS:_ 4600RorRoadSTATI
ZIPCOD! 20737
TELEPHONE NUMBER:571.690.0542FED!STAUIDENTIFICATIONNO.:_41-3237598_
CONTACT PERSON:_AndrewVanHorn
TELEPHONENUMBER: 571,690,0542
TITLE:
E-MAIL:PROJECTDESCRIPTIONOFWORK:
Head of Real Estate
rovideallnecessa
to complete the relocationof the Sewer
BENEFICIARYCHOOSESTOMEETTHE DISTRICTRESIDENTHIRINGREQUIREMENTS
APPLICABLETOTHISPROJECT:
(0)CUMULATIVEOFALLHIRES,INCLUDINGTHOSENEW HIRESBY SUBCONTRACTORSATANY TIERON THEPROJECTOR CONTRACT [] OR
development services< i
(ll)MET BYEACHBENEFICIARYCOVEREDBYTHISPARAGRAPHAND EACHINDIVIDUAL.SUBCONTRACTORATANY TIERWHO WORKS ON THEPROJECTORCONTRACT [3]
A. EMPLOYMENT HIRING PROJECTIONS
PleaseindicateALLnewposition(s)youwillcreateasaresultoftheproject.Iftheprojectwillnotbecreatinganynewemploymentopportunities,pleasecompletetheattachedjustificationsheetwith an explanation.Attach additionalsheetsas needed.

JOBTITLE, #OFJOBS
E/T_P/T
SALARYRANGE (UNIONMEMBERSHIPREQUIREDNAME LOCAL# PROJECTEDHIREDATE,

oa), es] co]a] ey]>

*
*
*
+
ll:*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA,
REVISED EMPLOYMENT PLAN
B,JUSTIFICATIONSHEET:Pleaseprovideadetailedexplanationofwhyyouwillnothaveanynewhiresontheprojectorcontract.
RFKBuilderLLCdoesnotanticipateanynewhiresforthisproject,aswearecurrentlyfullystaffedtocompletethescopeofservices.Shouldstaffingneedschangewiththe‘on-boardingofacontractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.

ThispagetobecompletedbyBeneficiary

*
*
*
*
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA,
REVISEDEMPLOYMENT PLAN
C. EMPLOYMENT PROJECTIONS
ProvideatimetableoutlininghowtheBeneficiarywillmeettherequirementtoensurethat51%ofallnewhiresfortheProjectareDistrictresidentsoverthelifeoftheprojectorcontract,andanassociatedhiringschedule.
RFKBuilderLLCwillprovideatimetableshouldstaffingneedschangewiththeon-boardingofacontractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
Providedescriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions.
RFKBuilderLLCwillprovidedescriptionsoftheskillrequirementsshouldstaffingneedschangewiththeon-boardingofacontractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
Provideastrategytofillthe51%hiringofDistrictresidentsrequirement,includinga component‘oncommunicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,orothergovernment-approved,community-basedjobtrainingproviders.

RFKBuilderLLCwillprovideastrategytofillthe51%hiringofDistrictresidentsrequirementshouldstaffingneedschangewiththeon-boardingofa contractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
ProvideastrategytomeettherequirementthatresidentsofWards7and8 receiveahiringpreferenceforatleast20%ofthenewjobscreatedinconnectionwiththeProject,includingacomponentoncommunicatingtheserequirementstocontractorsandsubcontractorsand acomponentonpotentialcommunityoutreachpartnershipswith theUniversityofthe Districtof
Columbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorldoreeIntermediary,orothergovernment-approved,community-basedjobtrainingproviders.

RFKBuilderLLCwillprovideastrategymeettherequirementthatresidentsofWards7and8receiveahiringpreferenceforatleast20%ofthenewjobscreatedinconnectionwiththeProjectshouldstaffingneedschangewiththeon-boardingofacontractorandothersub-consultants,‘wewillupdateandamendtheEmploymentPlanaccordingly.
a— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
*
*
*
*
REVISED EMPLOYMENT PLAN
C. EMPLOYMENTPROJECTIONS(Continued)
vu.
vin.
a
Pleaseincludearemediationstrategytoameliorateanyproblemsassociatedwithmeetingtherequirementthat51%ofallnewhiresfortheProjectareDistrictresidents,includinganyproblemsencounteredwithcontractorsandsubcontractors.
RFKBuilderLLCwillprovidearemediationstrategytoameliorateanyproblemsassociatedwithmeetingtherequirementthat51%ofallnewhiresfortheProjectareDistrictresidentsshouldstaffingneedschangewiththeon-boardingofa contractorandothersub-consultants,
wewillupdateandamendtheEmploymentPlanaccordingly.
PleaseincludearemediationstrategytoameliorateanyproblemsassociatedwithmeetingtherequirementthatresidentsofWards7and8 receiveahiringpreferenceforatleast20%ofthenewjobscreatedinconnectionwiththeProject,includinganyproblemsencounteredwithcontractorsand subcontractors.
RFKBuilderLLCwillprovidearemediationstrategytoameliorateanyproblemsassociatedwithmeetingtherequirementthatresidentsofWards7 and8 receiveahiringpreferenceforatleast20%ofthenewjobscreatedinconnectionwiththeProjectshouldstaffingneedschangewiththeon-boardingofacontractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
‘Thedesignationofa seniorofficialfromtheBeneficiarywhowillberesponsibleforimplementingthehiringandreportingrequirements.
JuneLocker
ProvidedescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDistrictresidentsworkingontheprojectorcontract.
RFKBuilderLLCwillprovidedescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDistrictresidentsworkingontheprojectorcontractshouldstaffingneedschangewiththeon-boardingof a contractorandothersub-consultants,we willupdateandamend
theEmploymentPlanaccordingly.
ProvideastrategytoensurethatDistrictresidentswhoworkon theprojectorcontractreceive
‘ongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDistrictresidentsfromoneprojectorcontracttothenext.

RFKBuilderLLCwillprovideastrategytoensurethatDistrictresidentswhoworkontheprojectorcontractreceiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingto employDistrictresidentsfromoneprojectorcontracttothenextshouldstaffingneedschangewiththeon-boardingofacontractorandothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
ee ek= —— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —
REVISEDEMPLOYMENT PLAN
C. EMPLOYMENT PROJECTIONS (continued)
X. Providea strategytohiregraduatesofDistrictofColumbiaPublicSchools,Districtof
xt.
ColumbiaPublicCharterSchools,community-basedjobtrainingproviders,andhard-to-employresidents.
RFKBuilderLLCwillprovideastrategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiaPublicCharterSchools,community-basedjobtrainingproviders,andhard-to-employresidentsshouldstaffingneedschangewiththeon-boardingofaee andothersub-consultants,wewillupdateandamendtheEmploymentPlanaccordingly.
PleasedisclosepastcompliancewiththeFirstSourceEmploymentAgreementActof1984ortheWorkforceIntermediaryEstablishmentandReformofFirstSourceAmendmentActof2011andtheDavis-BaconAct,whereapplicable,andthebidderorofferor'sgeneralDistrict-residenthiringpracticesonprojectsorcontractscompletedwithinthelasttwo(2)years.
RFKBuilderLLCdoesnothavepastcompliancehistory.
PleasenotethatBeneficiariesmustmakepayrollandpersonnelrecordsavailableuponrequestatjobsitestothecontractingDistrictof Columbiaagency.

RFKBuilderLLCnotesthatitmustmakepayrollandpersonnelrecordsavailableupon.requestatjobsitestothecontractingDistrictofColumbiaagency.

ThispagetobecompletedbyBeneficiary —___BeneficiaryInitials
*
*
*
*
*
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
‘Onceapproved,thisrevisedemploymentplanshallnotbeamendedexceptwiththeapprovalofDepartmentof,EmploymentServices.
® andrewVan}tom BS CL,

BENEFICIARY SpffiorOfficial(Print) DepartmentofEmploymerServices(Signature)
27 [2026BENEFICIARYSeniorOfficial(Signature) Date
osfes[2é 4058MinnesotaAvenue,NEDate Washington,DC20019
202-698-6284(Office)RFKBuilderLLC __
Name ofCompany
4600RiverRoad
Riverdale,MD_20737
Address
571.690.0542
Telephone
andy.vanhorn@commanders.com
Email

EXHIBIT L

ENVIRONMENTAL REPORTS

Title of Report Party Who Prepared Report Date of Report
Robert F. Kennedy Stadium
Demolition Project Environmental
Assessment (with Appendices)

National Park Service, U.S.
Department of Interior

September 2023
Phase I Environmental Site
Assessment
For Project U, 2400 East Capitol
Street NE
Washington, District of Columbia
Prepared for: Washington
Commanders
Prepared by: Langan Engineering
and Environmental Services, LLC ,
dated 23 February 2026
Langan on behalf of the
Commanders
23 February 2026
Phase II Environmental Site
Assessment
For Project U 2400 East Capitol
Street NE Washington, DC,
Washington Commanders
Prepared by: Langan Engineering
and Environmental Services, LLC ,
dated 23 February 2026
Langan on behalf of the
Commanders
23 February 2026
Environmental Investigation -
Sewer Realignment
Project U – 2400 East Capitol
Street NE
Washington, DC
Langan Project No.: 270214501;
Memorandum to John Ganssle –
Washington Commanders , f rom:
Christina Lewis, Sarah Baker , 15
December 2025

Langan on behalf of the
Commanders
15 December 2025

EXHIBIT M

SITE ACCESS MAP

[SEE ATTACHED]

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2026 2027 2028 2029 2030
2
1
3
4
Keynotes
1. Temporary Left Turn Intersection to be
Constructed
2. Existing RFK Demolition Ongoing (By
Others)
3. Access Points for Early Enabling Storm
Line Work, to be Coordinated with
Demolition Contractor
4. Road to be Relocated
5. Construction Staging / Laydown, to be
Coordinated with Demolition Contractor
3
Washington Commanders
Stadium
00. Early Enabling
5
Legend
Construction Traffic
Existing Combined Sewer
Construction Staging
Existing 48” Sanitary
Existing Storm Line (to be Relocated)
Approx. LOD for Storm Line Relocation
Existing Metro Tunnel / Route
New Roadways
PRELIMINARY
Lot 5
Lot 4
Lot 3
Lot 8
Festival Coordinantion
EXHIBIT M
Delaware
The First State
Page 1

10416217 8300 Authentication: 203589499
SR# 20261666124 Date: 04-08-26
You may verify this certificate online at corp.delaware.gov/authver.shtml
I, CHARUNI PATIBANDA-SANCHEZ, SECRETARY OF STATE OF THE STATE
OF DELAWARE, DO HEREBY CERTIFY "RFK BUILDER LLC" IS DULY FORMED
UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND
HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS
OF THE EIGHTH DAY OF APRIL, A.D. 2026.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "RFK BUILDER LLC"
WAS FORMED ON THE TWENTY-FIFTH DAY OF NOVEMBER, A.D. 2025.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
ASSESSED TO DATE.