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MURIEL BOWSER
MAYOR
June 22, 2026
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
definitive Contract No. DCAM-25-AE-RFP-000 1 with VMDO DC Architects, PLLC in the
not-to-exceed amount of $4,748,060. The period of performance is from January 2, 2026,
through April 20, 2029.
Under the proposed contract, VMDO DC Architects, PLLC will provide professional planning and
design services to support the future redevelopment of the Benning Road Transfer Station Campus
site, located at 3200 Benning Road, NE, Washington, DC 20019.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please contact Delano
Hunter, Director, Department of General Services ("DGS"), or have your staff contact Dr. Jacque
McDonald, Associate Director and Chief Procurement Officer, DGS, at (202) 727-2800.
I look forward to the Council's favorable consideration of this contract.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
1
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Definitive Contract)
(A) Contract Number: DCAM-25-AE-RFP-0001
Contractor: VMDO DC Architects, PLLC (the “Contractor”)
Principals: Please see Exhibit A to the Council Summary
Proposed Contract Amount: Not-to-Exceed $4,748,060.00
Unit and Method of Compensation: Progress payments based on Schedule of Values
Term of Contract: January 2, 2026, the date the Contracting Officer’s
executed the Notice to Proceed and Letter Contract,
through April 20, 2029.
Type of Contract: Firm Fixed Price
Source Selection Method: Competitive Sealed Proposal (Request for Proposal)
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
N/A
(C) The date on which the letter contract was executed:
The Notice to Proceed and Letter Contract was executed on January 2, 2026.
(D) The number of times the letter contract has been extended:
The Letter Contract has been extended five (5) times:
2
1. Modification 1 to the Letter Contract extended the duration of the Letter Contract to March
31, 2026.
2. Modification 2 to the Letter Contract extended the duration of the Letter Contract to April
30, 2026.
3. Modification 3 to the Letter Contract extended the duration of the Letter Contract to May
31, 2026.
4. Modification 4 to the Letter Contract corrected the duration of the Letter Contract provided
on page 2 of Modification 3.
5. Modification 5 to the Letter Contract extended the duration of the Letter Contract to July
15, 2026.
(E) The value of the goods and services provided to date under the letter contract, including
under each extension of the letter contract:
The total value of the goods and services provided to date under the Letter Contract is $950,000.00,
which represents the not-to-exceed amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
If approved, Contract No. DCAM-25-AE-RFP-0001 (the “Contract”), between the Department of
General Services (“DGS” or the “Department”) and VMDO DC Architects, PLLC (the
“Contractor” or “A/E”) will require the Contractor to provide professional planning and design
services to support the Project. The scope includes:
(i) the development of a building and site concept and Master Plan;
(ii) iterative building and site design documents culminating with a 100%
Construction Set of building and site design documents; and
(iii) Construction Administration.
The A/E’s work shall also include the development of project specifications including preliminary
cost estimate/budget, scope, design schedule and budget updates at each drawing iteration. As part
of the design iterations, the A/E shall prepare and coordinate a Permit Set submission to the
Department of Buildings in addition to all other requirements and meetings to receive a timely
building permit.
(G) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
On January 25, 2025, the Department issued a Request for Proposal (“RFP”) in the open market
to solicit the services of an Architectural/Engineering (“A/E” or “Contractor”) firm to provide
professional planning and design services to support the future redevelopment of the Benning Road
Transfer Station Campus site, located at 3200 Benning Road, NE, Washington, DC 20019.
A pre-proposal conference and site visit were held on January 30, 2025.
3
A total of nine (9) amendments were made to the RFP. A summary of each amendment follows:
• Amendment No. 1, issued on February 3, 2025, provided the presentation and
attendance sheets from the Pre-proposal Conference and Site Visit held January
30, 2025.
• Amendment No. 2, issued on February 17, 2025, extended the due date for
proposals to February 28, 2025.
• Amendment No. 3, issued on February 25, extended the due date for proposals
to March 21, 2025.
• Amendment 4, issued on March 10, 2025, extended the due date for proposals to
March 21, 2025.
• Amendment 5, issued on March 19, 2025, extended the due date for proposals to
March 28, 2025.
• Amendment 6, issued on March 26, 2025, extended the due date for proposals to
April 2, 2025, introduced three additional attachments, and made a number of
revisions to the Scope of Work.
• Amendment 7, issued on March 31, 2025 , extended the due date for proposals
to April 8, 2025.
• Amendment 8, issued on April 6, 2025, extended the due date for proposals to
April 11, 2025.
• Amendment 9, Issued on April 7, 2025, provided a revised Offer Letter and Bid
Form as well as the Form of Contract.
On April 11, 2025, the Department received five (5) proposals. The proposals were evaluated by
a Technical Evaluation Panel (“TEP”) appointed by the Chief Procurement Officer. In accordance
with DC Code § 2–356.04, proposals were evaluated based on demonstrated competence and
qualification. The TEP evaluated each proposal in accordance with the following evaluation
factors contained in the Request for Proposals:
Past performance, previous experience and specialized experience in the type of work
required under this RFP with government entities or private industry in terms of cost
control, quality of work, and compliance with performance schedules – A/E and sub-
consultants (30 points).
Professional qualifications, specialized experience and technical competence in the
type of work required under this RFP–Key Personnel (30 points).
Capacity to accomplish the work in the required time of the RFP – A/E, sub-consultants
and Key Personnel (10 points).
Acceptability of Design Approach and Management Plan (30 Points).
After receiving an orientation on May 1, 2025, the TEP conducted their independent assessments
and convened on May 29, 2025 and May 30, 2025, for consensus meetings. The consensus
meetings resulted in the identification and ranking of offerors. The Contractor was the highest
rated offeror.
4
DC Code § 2–356.04 (d) requires that discussions be held with no less than three firms. The TEP
conducted discussions with the four highest rated offerors on June 9, 2025. After discussions, the
TEP revised their existing consensus ratings resulting once again in the ranking of offerors. The
Contractor remained the highest rated offeror.
As required by the DC Code, the Contracting Officer was able to negotiate a fair and reasonable
price with the Contractor. Award was therefore made to the Contractor.
(H) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the
grounds alleged in the protest, and any deficiencies identified by the District as a result of
the protest:
The award of the Contract was not protested.
(I) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
The Contractor is an architecture, planning, and design firm based in Washington, DC. The
Contractor is a Certified Business Enterprise (“CBE”) firm providing a full range of architectural
and engineering services from environmental retrofits of existing buildings to the planning of new
public spaces, to new construction that is responsive to its urban context. The Contractor has
consistently performed in a satisfactory manner for several District projects including Stead
Recreation Center, the DC Infrastructure Academy, and Treusdell Elementary School
Modernization. The Contractor also developed the District’s Department of Parks and
Recreation’s Ready2Play Master Plan.
The Contractor brings local expertise in the DC permitting and approval process, industry-leading
expertise in the technical design and engineering of waste infrastructure, and an overall
understanding of the District’s requirements. ln addition, the Contractor has been determined
responsible in accordance with Title 27 DCMR Section 4706.
5
(J) A summary of the subcontracting plan required under section 2346 of the Small, Local,
and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as
amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the
subcontracting plan meets the minimum requirements of the Act and the dollar volume of
the portion of the contract to be subcontracted, expressed both in total dollars and as a
percentage of the total contract amount:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LZ75983112028). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Total Contract Amount $4,748,060.00
Self Perform Amount $1,234,495.00
Minimum CBE Subcontracting Percentage: 35%
Minimum CBE Subcontracting Requirement: $1,229,747.75
Total CBE/SBE Subcontracted Amount $1,881,914.00
(K) Performance standards and the expected outcome of the proposed contract:
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS’ designated Program Manager (“PM”). All deliverables require the review
and approval of the Contracting Officer’s Technical Representative (“COTR”) and the Department
of Public Works (“ DPW”). In addition, the DGS PM will closely monitor the project schedule
and important milestone dates to ensure essential project milestones are met. Finally, all work
performed by the Contractor must be provided in accordance with the Department of General
Services Standard Contract Provisions (General Provisions) for Architect and Engineering
contracts.
(L) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
The Letter Contract executed by the Department on January 2, 2026, provides for a not-to-exceed
amount of $950,000.00 representing the total expenditure of funds authorized to date.
(M) A certification that the proposed contract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted
in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with §§47-392.01 and 47- 392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.
6
(N) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract has been deemed legally sufficient by the Department’s Office of the
General Counsel and the Contractor does not appear to have any current pending legal claims
against the District.
(O) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database
indicates that the proposed contractor is not current with its District taxes, either: (1) a
certification that the contractor has worked out and is current with a payment schedule
approved by the District; or (2) a certification that the contractor will be current with its
District taxes after the District recovers any outstanding debt as provided under D.C.
Official Code § 2-353.01(b):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(P) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is current with its federal taxes.
(Q) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
According to the DSLBD website, the Contractor is a certified Local Business Enterprise located
in Development Enterprise Zone. The Contractor’s CBE Number is LZ75983112028, with an
expiration date of November 12, 2028.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(S) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
7
(T) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
The Department has prepared Determination and Findings for Contractor Responsibility and a
Determination and Findings for Fair and Reasonable Price.
(U) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information will be published on the DGS website.
(V) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments can be found on the Department’s web site at
https://procurement.opengov.com/governments/6358/projects/133449/sourcing
(W) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a;
and (2) A certification from the proposed contractor that it currently is not and will not be
in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.
(X) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
The Contractor currently does not have other contracts with the District and is not currently
pursuing other opportunities.
8
Exhibit A
Names & Titles of Principals
Brian C. Gruetzmacher, Managing Director Joseph J.
Celentano, Partner
Joseph J. Atkins, Partner Terry S.
Forbes, Partner Carlton R. Livermon,
Partner Kenneth A. Thacker, Partner
Tricia L Schroeder, Partner Kim T.
Smith, Partner Wyckliffe A. Knox,
Ill, Partner Michele L. Westrick,
Partner Kelly D. Callahan. Partner
Robert B. Winstead, Partner James J.
Richardson, Partner Dade Van Der
Werf, Partner James C. Kovach,
Partner Michelle L. Amt, Partner
Bryce H. Powell, Partner John R.
Ottinger, Partner
1101 4th Street, SW
Washington, DC 20024
Date of Notice: June 4, 2026 L0016652388Notice Number:
FEIN: **-***9234
Case ID: 18986826
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
VMDO DC ARCHITECTS, PLLC
2000 PENNSYLVANIA AVE NW 7000
WASHINGTON DC 20006-1921
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director, Department of General Services
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Proposed Contract No. (DCAM-25-AE-RFP-0001) Architectural and Engineering
Services Benning Road Transfer Station Campus
Date: April 9, 2026
Subject: Fiscal Sufficiency Certification
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby state that the Architectural and Engineering Services for the Benning Road Transfer Station
(DCAM-25-AE-RFP-0001) (the “Contract”) with VMDO DC ARCHITECTS PLLC (the
“Contractor”) and a not -to-exceed (“NTE”) amount of $4,748,060.00 is consistent with the
Department’s current budget and that adequate funds are available in the budget for the expenditure.
Per the Department’s Contracts & Procurement (“C&P”) team, on January 2, 2026, the Letter Contract
was executed by the Department, with an initial Not-to-Exceed (“NTE”) amount of $950,000.00. The
proposed increase of $3,798,060.00 will increase the NTE amount to $4,748,060.00
($950,000.00+$3,798,060.00) and if approved, will fund the definitive contract to provide a full
complement of architectural and engineering services required to complete the design of the new
Benning Road Transfer Station.
The Department of General Services (DGS – Seller AGY) has $4,748,060.00 in capital inter agency
funds from the Department of Public Works (DPW – Buyer AGY). The PASS/DIFS information
follows.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Project Name Project
Number
Project
Detail AY IMP
AGY
BUYER
AGY
Requisition/
Purchase Order No. Amount Comment
KT0 - Benning Road
and Fort Totten
Transfer Stations
300524
3030300
NA
AM0
KT0
PO738434
$950,000.00
Letter
Contract
KT0 - Benning Road
and Fort Totten
Transfer Stations
300524 3030300 NA AM0 KT0 RK322676
$3,798,060.00
Proposed
Increase
TOTAL $4,748,060.00
_________________________
Antoinette Hudson-Beckham
Agency Fiscal Officer
Department of General Services
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Avenue NE, 6th Floor Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Shaley Williams
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Architectural/Engineering Services for the Benning Road Transfer Station
Campus
Contract Number: DCAM-25-AE-RFP-0001
Contractor: VMDO DC Architects, PLLC
DATE: June 9, 2026
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced contract and has found it to be
legally sufficient, subject to submission of: (i) any required materials to Council for approval; (ii)
Council’s approval of the same; and (iii) a Fiscal Certification issued by the Department of General
Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Shaley Williams
Senior Assistant General Counsel
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
October 31, 2025
Sent via email to
Joe Celentano
VMDO DC Architects, PLLC
2000 Pennsylvania Avenue NW
Suite 7000
Washington, DC 20006
Reference: Request for Proposal (RFP) DCAM-25-AE-RFP-0001 – Architectural and Engineering
Services Benning Road Transfer Station
Subject: Notice to Proceed and Letter Contract
Dear Mr. Celentano:
We refer to the proposal submitted by VMDO DC Architects, PLLC (the “Contractor” or “A/E” or
“VMDO”) in response to the above referenced RFP. As noted in the Department’s Notice of Award,
VMDO has been selected to perform the required services and if this Letter Contract (“Letter Contract”) is
signed by the Contractor without modification of any kind, it will serve as the notice to proceed for the work
described below. This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter Contract between the Contractor and the District of
Columbia Government, acting by and through its Department of General Services (“DGS” or
the “Department”), and shall govern our relationship until such time as a final contract is
entered into for the work described in Request for Proposal DCAM-25-AE-RFP-0001, as
amended and the District of Columbia Department of General Services Standard Contract
Provisions General Provisions (Architect & Engineering Contracts) ( Exhibit 1 ) (the
“Definitive Contract”); provided, however, that to the extent an issue is not covered in this
Letter Contract, the RFP, as amended , shall govern. Once the Definitive Contract is
executed by an authorized Contracting Officer, this Letter Contract shall automatically be
incorporated into and shall merge into and be superseded by the Definitive Contract.
2. Scope of Work. The Contractor shall provide professional planning and design services to
support the future redevelopment of the District of Columbia De partment of Public Works
Benning Road Transfer Station Campus site, located at 3200 Benning Road, NE, Washington,
DC 20019 (the “Project”). The Contractor shall perform the required services in accordance
with th e RF P to include , but not limited to, Sections A and B, District of Columbia
Department of General Services Standard Contract Provisions General Provisions
(Architect & Engineering Contracts) ( Exhibit 1 ), and other attachments identified in
Section A.8 of the RFP.
Specifically, VMDO shall provide the items listed in the Schedule of Values (Exhibit 2).
3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
Contractor shall provide, at a minimum, the deliverables identified in the Schedule of Values
(Exhibit 2) to the D GS Project Manager, and in the referenced instances to the Contracting
Officer, as applicable.
4. Amount. The limit of this authorization is up to $950,000. This amount includes the Schedule of
Values provided in Exhibit 2. In no event will the Contractor be entitled to receive more than this
amount unless authorized in advance and in writing by a duly authorized Contracting Officer. This
amount includes all costs incurred by the Contractor in connection with the work authorized
hereby.
5. Insurance. At all times while working under this Letter Contract, the Contractor shall maintain
insurance as described in Section F of the RFP, as amended. All such policies shall be endorsed to
add the District of Columbia, including, but not limited to, its Department of General Services, and
the respective agents, employees, and offices of each as additional insureds.
6. Duration. The Letter Contract will become effective on the date the Letter Contract is executed by
the Department. This Letter Contract, on the earlier to occur of the following, will either: (i)
terminate on January 31, 2026; or (ii) automatically be incorporated into and shall merge into and
be superseded by the Definitive Contract on the date the Definitive Contract becomes effective .
DGS reserves the right to terminate this Letter Contract, in whole or specified part, for convenience
in the manner described in Article 8 of the District of Columbia Department of General Services
Standard Contract Provisions General Provisions (Architect and Engineering Contracts) (Exhibit
1).
7. Key Personnel. To carry out its duties, the Contractor shall provide at least the key personnel
identified in Exhibit 3 (“Key Personnel”). The Key Personnel shall include:
a) Design Principal;
b) Project Architect;
c) Design Project Manager (CA);
d) MEP Engineer;
e) Structural Engineer’
f) Sanitation Engineer,
g) Permit Expediter, and
h) Civil Engineer.
8. ProjectTeam. The Contractor shall utilize the Department’s current project management
software (“ProjectTeam”) system to submit any and all Project Documentation required to
be provided by the Contractor for the Project, including, but not limited to: (i) requests for
information; (ii) submittals; (iii) meeting minutes; (v) certified payrolls (in addition to
upload via LCP Tracker); (vi) drawings and specifications; (vii) punchlist; and (viii) other
Project Documents as may be designated by the Department. The Contractor also shall
require all subcontractors and subconsultants to utilize ProjectTeam for the Project
execution.
Electronic storage and transmission of information via ProjectTeam system shall be
compliant with the provisions of the Document Security section of these General
Requirements.
9. Ownership and Use of Documents. All documents and work products prepared by the
Contractor shall become the property of the Department upon the payment of invoices
submitted under the Letter Contract.
10. Compliance. This authorization to proceed includes appropriate provisions relating to
compliance documents (First Source Employment Agreement, Department of Small and
Local Business Development (“DSLBD”)), and insurance. At a minimum, however, the
District of Columbia Department of General Services Standard Contract Provisions General
Provisions (Architect & Engineering Contracts) ( Exhibit 1) shall apply. In addition to the
requirements set forth in any such subsequent authorization, prior to executing this Letter
Contract, the Contractor shall provide the Department’s Contracting Officer with
certificates evidencing insurance. In the event the Contractor fails to provide the
Department with such certificates of insurance, the Department may withhold any
subsequent payment until such documents are provided.
11. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract
Provisions General Provisions (Architect and Engineering Contracts) (Exhibit 1) supersede
all contemporaneous or representations, course of dealing, or agreements, either written or
oral. No modifications to this Letter Contract shall be effective against the Department and
unless made in writing signed by the Department. Notwithstanding the provisions of this
Section 11, nothing herein shall limit the Department’s ability to unilaterally modify this
Letter Contract.
12. Service Contract Act. The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Davis Bacon Act as set forth in Exhibit 4.
13. Living Wage Act . The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Living Wage Act in effect at the time of Letter Contract
execution by the Department. As such, the Contractor and its subcontractors shall comply
with the wage reporting requirements imposed by the act as set forth in Exhibit 5.
14. Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign
Finance Reform Act certification requirement pursuant to the D.C. Official Code § 1 -
1161.01 (Exhibit 6).
15. Exhibits. The following exhibits are attached to the NTP/Letter Contract and can be
accessed at DCAM-25-AE-RFP-0001 Notice to Proceed Letter Contract
Exhibit 1 District of Columbia Department of General Services Standard Contract
Provisions General Provisions (Architect & Engineering Contracts)
Exhibit 2 – Schedule of Values
Exhibit 3 – Key Personnel
Exhibit 4 – Service Contract Act
Exhibit 5 – 2025 Living Wage Act
Exhibit 6 – Campaign Reform Self-Certification
ISSUED BY: ACCEPTED BY:
DEPARTMENT OF GENERAL SERVICES VMDO DC ARCHITECTS, PLLC
By: ____________________ By: ____________________
Name: __________________ Name: __________________
Title: ___________________ Title: ___________________
Date: ___________ Date: __________
James H. Marshall
Contracting Officer
1/2/2025
X
1
2
3
4
Letter Contract - Date executed is corrected to 1/2/26.
Section 4 Amount. This is a no-cost modification. The not to exceed amount of the Letter Contract remains $950,000.
3924 Minnesota Avenue NE 5th Floor
5. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-25-AE-RFP-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20006
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-25-AE-RFP-0001X
1
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-25-AE-RFP-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 1 See Block 16C N/A
A/E Services Benning Road
Transfer Station
2. Modification Number
Capital Construction Division
(Signature of person authorized to sign) (Signature of Contracting Officer) 1/21/2026
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-25-AE-RFP-0001
Article 6 Standard Contract Provisions General Provisions (Architectural and Engineering Services Contracts)
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives,
settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional
work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that
the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or
in any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
Section 6 Duration. Delete: January 31, 2026 Insert: March 31, 2026
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 2, 2026
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
VMDO DC Architects PLLC
2000 Pennsylvania Drive NW Suite 700
(Continuation)
Contract Number Page of Pages
DCAM-25-AE-RFP-0001 2 of 2
6
Letter Contract Executed - January 2, 2026 $950,000
Modification No. 1 $0
$950,000
Letter Contract Recap:
Modification No.
Letter Contract Modification 1
Total Not to Exceed Amount
Extend Duration to 3/31/2026
X
1
2
4 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives,
settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work,
additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the
Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in
any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
Section 6 Duration. Delete: March 31, 2026 Insert: April 30, 2026
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 2, 2026
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
VMDO DC Architects PLLC
2000 Pennsylvania Drive NW Suite 700
A. This change order is issued pursuant to: (Specify Authority)
Contractor
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-25-AE-RFP-0001
Article 6 Standard Contract Provisions General Provisions (Architectural and Engineering Services Contracts)
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
(Signature of person authorized to sign) (Signature of Contracting Officer) 3/11/2026
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
DCAM-25-AE-RFP-0001X
1
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-25-AE-RFP-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 2 See Block 16C N/A
A/E Services Benning Road
Transfer Station
2. Modification Number
Capital Construction Division
Section 4 Amount. This is a no-cost modification. The not to exceed amount of the Letter Contract remains $950,000.
3924 Minnesota Avenue NE 5th Floor
5. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-25-AE-RFP-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20006
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
(Continuation)
Contract Number Page of Pages
DCAM-25-AE-RFP-0001 2 of 2
5
Letter Contract Executed - January 2, 2026 $950,000
Modification No. 1 $0
Modification No. 2 $0
$950,000
Extend Duration to 3/31/2026
Total Not to Exceed Amount
Extend Duration to 4/30/2026
Letter Contract Recap:
Modification No.
Letter Contract Modification 2
X
1
2
3 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives,
settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work,
additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the
Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in
any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
Section 6 Duration. Delete: April 30, 2026 Insert: May 31, 2026
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 2, 2026
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
VMDO DC Architects PLLC
2000 Pennsylvania Drive NW Suite 700
A. This change order is issued pursuant to: (Specify Authority)
Contractor
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
DCAM-25-AE-RFP-0001
X
1
X
D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-25-AE-RFP-0001
Article 6 Standard Contract Provisions General Provisions (Architectural and Engineering Services Contracts)
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
(Signature of person authorized to sign) (Signature of Contracting Officer) 4/29/2026
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-25-AE-RFP-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 3 See Block 16C N/A
A/E Services Benning Road
Transfer Station
2. Modification Number
Section 4 Amount. This is a no-cost modification. The not to exceed amount of the Letter Contract remains $950,000.
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-25-AE-RFP-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20006
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
Contracts and Procurement Division Capital Construction Division
(Continuation)
Contract Number Page of Pages
DCAM-25-AE-RFP-0001 2 of 2
5
Letter Contract Executed - January 2, 2026 $950,000
Modification No. 1 $0
Modification No. 2 $0
Modification No. 3 $0
$950,000
Extend Duration to 3/31/2026
Total Not to Exceed Amount
Extend Duration to 4/30/2026
Letter Contract Recap:
Modification No.
Letter Contract Modification 3
Extend Duration to 5/30/2026
X
1
2
3
It is the sole purpose of Modification 4 to the Letter Contract to correct the end date provided on page 2 of Modification 3
from May 30, 2026 to May 31, 2026
3924 Minnesota Avenue NE 5th Floor
Letter Contract DCAM-25-AE-RFP-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20006
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
Contracts and Procurement Division Capital Construction Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-25-AE-RFP-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 4 See Block 16C N/A
A/E Services Benning Road
Transfer Station
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer) 5/5/2026
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
DCAM-25-AE-RFP-0001
X
1
X
D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-25-AE-RFP-0001
Article 6 Standard Contract Provisions General Provisions (Architectural and Engineering Services Contracts)
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
Contractor
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives,
settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work,
additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the
Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any
manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
All other terms and conditions remain unchanged.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 2, 2026
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
VMDO DC Architects PLLC
2000 Pennsylvania Drive NW Suite 700
A. This change order is issued pursuant to: (Specify Authority)
(Continuation)
Contract Number Page of Pages
DCAM-25-AE-RFP-0001 2 of 2
4
Letter Contract Executed - January 2, 2026 $950,000
Modification No. 1 $0
Modification No. 2 $0
Modification No. 3 $0
Modification No. 4 $0
$950,000
Letter Contract Recap:
Modification No.
Letter Contract Modification 4
Extend Duration to 5/30/2026
Extend Duration to 5/31/2026
Extend Duration to 3/31/2026
Total Not to Exceed Amount
Extend Duration to 4/30/2026
X
1
2
3
Section 4 Amount. This is a no-cost modification. The not to exceed amount of the Letter Contract remains $950,000.
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-25-AE-RFP-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20006
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
Contracts and Procurement Division Capital Construction Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-25-AE-RFP-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 5 See Block 16C N/A
A/E Services Benning Road
Transfer Station
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer) 5/29/2026
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
DCAM-25-AE-RFP-0001X
1
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-25-AE-RFP-0001
Article 6 Standard Contract Provisions General Provisions (Architectural and Engineering Services Contracts)
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
Contractor
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives,
settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work,
additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the
Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any
manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
Section 6 Duration. Delete: May 31, 2026 Insert: July 15, 2026
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 2, 2026
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
VMDO DC Architects PLLC
2000 Pennsylvania Drive NW Suite 700
A. This change order is issued pursuant to: (Specify Authority)
(Continuation)
Contract Number Page of Pages
DCAM-25-AE-RFP-0001 2 of 2
5
Letter Contract Executed - January 2, 2026 $950,000
Modification No. 1 $0
Modification No. 2 $0
Modification No. 3 $0
Modification No. 4 $0
Modification No. 5 $0
$950,000
Letter Contract Recap:
Modification No.
Letter Contract Modification 5
Extend Duration to 5/30/2026
Extend Duration to 5/31/2026
Extend Duration to 7/15/2026
Extend Duration to 3/31/2026
Total Not to Exceed Amount
Extend Duration to 4/30/2026
DCAM-25-AE-RFP-0001
A/E Services Benning Road Transfer Station Campus
Page 1 of 57
ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT
BENNING ROAD TRANSFER STATION CAMPUS
AT
3200 BENNING ROAD, NE
WASHINGTON, DC 20019
BY AND BETWEEN
THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
AND
VMDO DC ARCHITECTS, PLLC
CONTRACT NUMBER: DCAM-25-AE-RFP-0001
DCAM-25-AE-RFP-0001
A/E Services Benning Road Transfer Station Campus
Page 2 of 57
This AGREEMENT (“Agreement” or “Contract” ), effective on the date of the last
signature of the Parties’ duly authorized representatives is made by and between the DISTRICT
OF COLUMBIA GOVERNMENT, acting by and through its DEPARTMENT OF GENERAL
SERVICES (“Owner”, “District”, “DGS” or the “Department”) and VMDO DC
ARCHITECTS, PLLC (the “Architect/Engineer”, “A/E”, “Prime Contractor” or “Contractor”),
duly organized under the laws of the Commonwealth of Virginia, and a place of business at 2000
Pennsylvania Avenue NW Washington DC 20006 . The Department and the A/E are referred to
herein as the “Parties” or individually as the “Party”.
WITNESSETH:
WHEREAS, the Department issued a Request for Proposals (“RFP”) dated January 25,
2025, for architectural and engineering services for the Benning Road Transfer Station at 3200
Benning Road NE Washington, DC 20019 (the “Project”);
WHEREAS, the A/E submitted a proposal dated April 11, 2025 , in response to the
Department’s RFP to provide such services;
WHEREAS, the Department selected the A/E to provide all necessary design and related
services for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the Department requires that the Project, including the requisite construction,
be Substantially Complete by April 20, 2029 (the “Substantial Completion Date”);
WHEREAS, the A/E wishes to provide all of the design and related services necessary
for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the Department intends to procure a General Contractor (the “General
Contractor” or “GC”) based on the 100% complete construction documents;
WHEREAS, the Department requires that the Project’s design be completed within
timelines set forth in Section 2.15; and
WHEREAS, the Department has retained the services of a P roject Manager (“PM”) to
advise it concerning the Project.
NOW, THEREFORE , the Department and the A/E, for the consideration set forth
herein, mutually agree as follows:
DCAM-25-AE-RFP-0001
A/E Services Benning Road Transfer Station Campus
Page 3 of 57
ARTICLE 1
GENERAL PROVISIONS
1.1 The A/E shall be responsible for the professional quality, technical accuracy, and
coordination of all studies, reports, recommendations, and other deliverables furnished by
the A/E for the Project under this Agreement. The A/E shall, without additional
compensation, correct or revise any non-conforming deliverables that are a result of errors,
omissions or both in its deliverables. The A/E shall perform its services consistent with the
professional skill and care ordinarily provided by architects and engineers practicing in the
same or similar locality under the same or similar circumstances. The A/E shall perform its
services as expeditiously as is consistent with such professional skill and care and the
orderly progress of the Project. The A/E shall review all laws, codes, and regulations
applicable to the A/E's services. The A/E shall respond to requirements imposed by
governmental authorities having jurisdiction over the Project.
1.2 The A/E shall not engage in any activity, or accept any employment, interest or contribution
that would reasonably appear to compromise or conflict the A/E’s professional judgment
with respect to this Project.
1.3 Relationships of Parties. The A/E accepts the relationship of trust and confidence
established with the Department by this Agreement, and contracts with the Department to
furnish the A/E’s reasonable skill and judgment and to cooperate with the Project Manager
in furthering the interests of the Department. The A/E shall use its best efforts to perform
the required services in an expeditious and economical manner consistent with the interests
of the Department. The Department shall endeavor to promote harmony and cooperation
among the Department, A/E, PM, and other persons or entities employed by the Department
for the Project.
1.3.1 Project Manager. The Contracting Officer’s Technical Representative
(“COTR”) has assigned a (“PM”) to provide certain project management functions on behalf
of the COTR. The PM shall, at all times, act solely for the benefit of the Department, not
the A/E. Although day -to-day communications with the A /E shall be routed through the
PM, only the individual(s) specified as Contracting Officer(s) in Section 1.3.3 shall have
the authority to alter the terms of this Contract. Thus, the A/E hereby acknowledges and
agrees that only a duly authorized Contracting Officer has the authority to issue
Change Orders, Contract Modifications or Change Directives on the Department’s
behalf. Without limiting the generality of the foregoing, it is understood and agreed that
the Project Manager shall not have the authority to alter or modify the terms of the Contract,
including but not limited to increasing the fee or the not-to-exceed amount established under
this Contract. The PM for the Project under this Contract is:
Lamarr Mayo (DGS Contractor)
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
DCAM-25-AE-RFP-0001
A/E Services Benning Road Transfer Station Campus
Page 4 of 57
Washington, DC 20019
Office: (773) 653-9503
Email: lamarr.mayo@dc.gov
1.3.2 Contracting Officer’s Technical Representative The COTR is responsible for
general administration of the contract and advising the Contracting Officer (“CO”) as to
the Contractor’s compliance or noncompliance with the contract . The COTR has the
responsibility of ensuring the work conforms to the requirements of the contract and such
other responsibilities and authorities as may be specified in the contract. These include:
1.3.2.1 Keeping the CO fully informed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any
potential problem areas under the contract;
1.3.2.2 Coordinating site entry for Contractor personnel, if applicable;
1.3.2.3 Reviewing invoices for completed work and recommending approval by the
CO if the Contractor’s costs are consistent with the negotiated amounts and
progress is satisfactory and commensurate with the rate of expenditure;
1.3.2.4 Reviewing and approving invoices for deliverables to ensure receipt of goods
and services. This includes the timely processing of invoices and vouchers in
accordance with the District’s payment provisions; and
1.3.2.5 Maintaining a file that includes all contract correspondence, modifications,
records of inspections (site, data, equipment) and invoice or vouchers.
1.3.2.6 The address and telephone number of the COTR is:
Renee Holmes
Executive Program Manager/COTR
3924 Minnesota Avenue, NE 5th Floor
Washington, DC 20019
Office: (202)
Email: renee.holmes@dc.gov
1.3.2.7 The COTR shall NOT have the authority to:
a) Award, agree to, or sign any contract, delivery order or task order. Only the CO
shall make contractual agreements, commitments or modifications;
b) Grant deviations from or waive any of the terms and conditions of the contract;
c) Increase the dollar limit of the contract or authorize work beyond the dollar
limit of the contract,
d) Authorize the expenditure of funds by the Contractor;
e) Change the period of performance; or
f) Authorize the use of District property, except as specified under the contract.
DCAM-25-AE-RFP-0001
A/E Services Benning Road Transfer Station Campus
Page 5 of 57
1.3.2.8 The Contractor will be fully responsible for any changes not authorized in advance,
in writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.
1.3.3 Contracting Officer(s). The Contracting Officer(s) (“CO(s)”) for this Contract are:
James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019
Office: 202.664-0416
Email: james.marshall@dc.gov
Eric Njonjo
Contracting Officer
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019
Email: eric.njonjo@dc.gov
1.4 Project Description. The A/E shall provide professional planning and design services to
support the Project. The scope includes: (i) the development of a building and site concept
and Master Plan; (ii) iterative building and site design documents culminating with a 100%
Construction Set of building and site design documents ; and (iii) Construction
Administration. The A/E’s work shall also include the development of project
specifications including preliminary cost estimate/budget, scope, design schedule and budget
updates at each drawing iteration. As part of the design iterations, the A/E shall prepare and
coordinate a Permit Set submission to the Department of Buildings (“DOB”) in addition to all
other requirements and meetings to receive a timely building permit.
The work under this Contract shall be performed and documented in a professional manner.
The A/E shall coordinate all work through a designated single point of contact including
but not limited to all site surveys and other field investigations germane to the work.
The A/E shall meet with all the appropriate regulatory agencies from the District of
Columbia, as applicable, including but not limited to, DC Department of Building
(“DOB”), Department of Energy & Environment (“DOEE”), District Department of
Transportation (“DDOT”), National Capital Planning Commission (“NCPC”), DC Water,
PEPCO, and Washington Gas, to ascertain zoning analysis, deed restrictions and
requirements, traffic study, and potential environmental considerations for compliance.
The A/E shall ensure all developed documents are compliant with all appropriate
regulatory agencies.
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The Department will provide the A/E access to the DGS ProjectTeam system. The A/E
shall be responsible for using ProjectTeam to execute selected contract document
requirements in coordination with DGS’s Project Manager to include communication with
the General Contractor during the construction phase.
The A/E shall serve as a proactive participant in the DPW/DGS led community
engagement. At the direction of DPW/DGS, the A/E shall participate in community
outreach to groups of people who share a common interest in the surrounding geographical
location of the Benning Road Transfer Station as addressed at 3200 Benning Road NE,
Washington, DC 20019. This group could contain Ward 7 ANC’s, residents, religious
leaders within the surrounding neighborhoods, residential leaders, government
representatives, and businesses within the Ward 7 boundaries and schedule community
engagement meetings throughout planning and design process. These meetings generally
occur on a monthly basis. The monthly meetings will occur after Concept Plan drawings
are available. Before approval of the Concept Plan, the AE shall be required to attend
quarterly community advisory team meetings. In addition, the AE shall partner with
DPW/DGS on a community town hall/focus group regarding this project. This separate
meeting will occur quarterly. The AE shall support the focus group and community
meetings by providing technical information on the design planning approach, providing
explanation of design challenges and updates on the progress of the design while presenting
the latest version of the design. In these meetings the AE shall make note of the requests
of the group and present recommendations to DPW/DGS for decision making and design
direction.
1.5 All deliverables are subject to review and approval by the COTR. The A/E shall prepare,
modify, and correct all such non-conforming deliverables in sufficient detail to obtain final
approval under the Contract.
1.6 Neither the District’s review, approval or acceptance of, nor payment for, any of the services
required under this Contract shall be construed as a waiver of any rights under this Contract or
of any cause of action arising out of the performance of this Contract and the A/E shall be and
remain liable to the District in accordance with applicable law for all damages to the District
caused by the A/E's negligent performance of any of the services furnished under this Contract.
1.7 The rights and remedies of the District provided for under this Contract is in addition to any
other rights and remedies provided by law.
1.8 During the performance of work under this Contract, the A/E shall submit a monthly progress
report, completely and clearly stating the current status of the A/E's work under this Contract.
The proposed form of this report shall be submitted for review and approval prior to the first
invoice for partial payment.
1.9 During the performance of work under this Contract, the A/E shall take notes and minutes
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of any meeting attended in connection with the Project, recording any decision altering,
expanding, or deleting any provision which may affect the contractual obligation, and
submit two (2) copies to the PM.
1.10 Key Personnel . The following individuals shall be considered key personnel: (i) the
Design Principal; (ii) Project Architect; (iii) Design Project Manager; (iv) MEP Engineer;
(v) Structural Engineer, (vi) Sanitation Engineer; (vii) Permit Expediter; and (viii) Civil
engineer, identified in Exhibit E. The A/E will not be permitted to reassign any of the
key personnel unless the Department approves the proposed reassignment and the
proposed replacement. In the event that any of the key personnel become unavailable to
work on this Project for reasons beyond the control of the A /E or its principal consultants
(i.e. due to retirement, resignation, termination, etc.), the A/E shall propose a substitute for
any such individual and obtain the Department’s consent to such substitute.
1.11 Schedule. A schedule for the Project is set forth in Exhibit F. The A/E shall provide the
services required hereunder in accordance with this schedule.
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ARTICLE 2
SCOPE OF SERVICES
2 Requirements and Deliverables
The A/E shall perform in accordance with the Scope of Services discussed below and the
A/E’s Technical Proposal (Exhibit N).
The A/E shall complete the following requirements and deliverables:
2.1 Building and Site Concept Development and Master Plan
2.1.1 Existing Conditions Analysis & Strengths, Weaknesses, Opportunities, and
Threats (“SWOT”) Memo
The A/E shall analyze existing site conditions (e.g. general plan, census data) and conduct
other research as deemed necessary (e.g., key stakeholder interviews) and develop a SWOT
memo (e.g., analysis of strengths, weaknesses, opportunities, and threats r elated to site
control, due diligence, constraints, environmental issues, easements & encumbrances, etc.).
If required, complete Historic Resources Survey and Historic Planning Office (“HPO”)
coordination for Archeology Requirements. A Historic Resource Survey shall be provided
for all buildings more than 50 years old. Archeology requirements shall be determined for
the HPO at all sites.
At the conclusion of this phase the A/E shall provide a detailed design schedule which
aligns with the milestone dates included in Section 2.15. The schedule shall clearly
indicate when stakeholder input is required to include the late finish of that input. In no
case shall the design schedule allow a concept or design review required by the
stakeholders less than two weeks from receipt of the complete information.
See 3200 Benning Rd NE Vicinity Wetland Map (Exhibit K), Letter to DPW Final Jan
2024 (Exhibit L), and Alterations and Repairs BRSWTS (Exhibit M) for additional
existing conditions information.
2.1.1.1 Existing Conditions Analysis and SWOT Deliverables
The A/E shall provide the following deliverables in support of the Existing Conditions
Analysis and SWOT requirements:
a) Existing Conditions Analysis;
b) SWOT Memo; and
c) Design Baseline Schedule.
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2.1.2 Concept Development
2.1.2.1 The A/E shall build on the SWOT analysis and in partnership with DGS staff, the A/E shall
develop a campus concept plan to inform the master plan (the “ Master Plan”), as further
described in Section 2.1.3 below, including at a minimum what is needed, how much, and
where. After receiving stakeholder programming input for the Project, the A/E shall
prepare documents illustrating an overview of the combination of the client programming
information and the spatial relationships of major elements of the site, focusing on elements
including but not limited to, site access, security, heavy v ehicle flow, parking, customer
service, community need, power generation and emergency power, administrative spaces,
storm water management, and other key site attributes. The presentation shall demonstrate
areas where stakeholder programming conflicts with other limitations or regulatory
requirements, as applicable. The A/E shall meet with stakeholders to present this concept
for feedback. The A/E shall record minutes of this meeting and submit to the stakeholders
for review. This phase shall be completed once the concept presentation, or a revision
thereof is approved by the stakeholders.
2.1.2.2 The following are additional requirements for the Building and Site Concept Development
and Master Plan:
a. A minimum of three (3) conceptual courses of action for the campus
incorporating the requirements comments and feedback from the SWOT
Analysis and input from DGS/DPW regarding the requirements of the waste
station. In addition, provide site plans for each course of action to include but
not limited to proposed location of any building additions and landscape
features.
b. The A/E shall develop and coordinate and schedule of agency review meetings
with at a minimum, the Department of Public Works (“DPW”), Office of
Planning (“OP”), Department of Energy and Environment (“DOEE”) District
Department of Transportation (“DDOT”), and Department of Buildings
(“DOB”). The A/E shall ensure that the schedule is provided to the DPW and
DGS.
c. The A/E shall conduct a zoning analysis to confirm the site is properly zoned
for the anticipated design and construction.
d. The A/E shall provide a cost estimate for each concept course of action.
e. The A/E shall provide a proposed value engineering analysis and detailed
recommendations for Project savings (even if the Project is not over budget).
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f. The A/E shall provide a Net Zero Energy Report that includes all recommended
strategies applicable to achieving a Net Zero Energy ready building and a
preliminary energy model per D.C. Law 24 -177 (Clean Energy DC Building
Code Amendment Act of 2022).
g. The A/E shall provide a Permitting and Approvals Process Plan including
meetings with necessary approval agencies as required.
h. The A/E shall provide a design narrative from the A/E and all design consultants
including MEP scope, civil, landscape, and structure as it relates to existing
conditions and anticipated work.
i. The A/E shall provide an Existing conditions civil survey for the purposes of
conveying variance to projected conditions.
2.1.3 Master Plan Development with Renderings and Campus Scale Model
Using the findings from the SWOT analysis, concept development information, and
feedback gathered through the community outreach process, the A/E shall develop a Master
Plan for the campus site which incorporates the items above in addition to any ongoing
projects or development activity near the Project. The Master Plan shall include massing,
sizing, and programmatic elements for the proposed concept design. This plan shall include
overall dimensions of major elements at least to the nearest foot. In the proposed design
schedule, the A/E shall allow for a designer presentation and a minimum of two (2) rounds
of stakeholder review and feedback. After the final round of stakeholder review, the A/E
shall produce renderings and a scale model of the proposed building and site. The A/E shall
provide meeting minutes for record of the A/E presentation of the Master Plan. This phase
shall be completed upon stakeholder approval of the presented Master Plan or a revision
thereof. The A/E shall complete the scale model and renderings of the campus within one
month of the approval of the Master Plan.
Completed and approved Concept Development plans shall be further developed into the
Project Master Plan. A/E shall prepare renderings of Campus illustrating all key operational
features of the BRT. A/E shall also produce and deliver a scale model of the C ampus to
DGS/DPW.
2.1.4 Concept Design and Master Plan Development Deliverables
The A/E shall provide the following deliverables in support of the Concept Drawings and
Master Plan development:
a) A minimum of three (3) conceptual courses of action for the campus;
b) Cost estimate for each concept course of action;
c) Proposed Value Engineering analysis and detailed recommendation for Project
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savings;
d) Net Zero Energy Report;
e) Permitting and Approvals Process Plan;
f) Design narrative from A/E and design consultants;
g) Master Plan Documents including renderings and scale model; and
h) Updated Design Schedule.
2.2 Iterative Building and Site Design Development
The A/E shall develop Construction Documents ( “CD(s)”) for the Project, developed and
submitted to the stakeholders in the following typical design iterations : (i) Schematic
Design; (ii) Design Development; and (iii) Construction Document production. Each of
these design phases shall include in -progress reviews generally at 30%, 60% , and 100%
completion of each iteration. The A/E shall provide a budget at the completion of each
design iteration. After the construction contract is awarded, the builder shall provide
budgeting for the Project. The A/E shall pro vide review and feedback on each budget
provided by the builder, ensuring the budgeting aligns with the design scope. A/E shall
provide support to stakeholders, as needed, during the design and construction of the
Project. Generally, this support entails items such as providing summary information to
convey to senior leaders, occasional participation in stakeholder meetings as required and
coordination with the builder on preconstruction activities prior to the full commencement
of the A/E’s Construction Administration. During the production of the CDs, the A/E shall
produce a set of documents specifically intended for the submission to the DOB for the
purposes of acquiring building permits according to the approved design schedule. This set
is generally sub mitted to DOB around 60% CDs. The designer shall provide all
documentation and coordination with DOB or other relevant agencies for the issuance of
the building permits by DOB.
2.2.1 Schematic Design Development
2.2.1.1 The A/E shall perform or provide the following in support of the development of the
schematic design:
a) Further develop plans and incorporate design changes.
b) Prepare necessary presentation materials (renderings) to communicate design and
obtain approval of design direction.
c) Participate in meetings with DPW and DGS for design feedback including but not
limited into, landscape design, interior design, waste management, photovoltaic
layout, etc.
d) Conduct DOEE, DOB, DDOT, PEPCO, and DC Water Preliminary Design Review
meetings as needed.
e) Respond in writing to all DGS and DPW comments on plans;
f) Participate in community engagement sessions during this phase.
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g) Identification of Public Art locations that will be constructed and installed as part
of the construction phases.
h) Continued coordination with Public Utility Companies: PEPCO and Washington
Gas, as well as Verizon/DCNet, should be conducted this shall include submitted
load letters for new or upgraded services.
i) Once a concept is selected by DGS/DPW the A/E Team shall schedule meetings
with staff from Commission of Fine Arts (“CFA”), Historic Preservation Office
(“HPO”), and National Capital Planning Commission (“NCPC”), where required.
All presentations have been reviewed with DGS/DPW ahead of staff meetings and
representatives of DGS/DPW shall be present for these meetings.
j) Report and schedule the process for obtaining any zoning approvals, if necessary.
k) The schematic design submittal shall generally follow the deliverables:
l) Establish platform for BIM Level 3 integrated collaboration in accordance with the
National BIM Guide for Owners (Exhibit J).
m) Overall site and floor plans on full sized sheets (including adjacencies (neighboring
properties and ongoing construction activities), room locations, site planning,
parking, stormwater management strategies, waste management with truck turning
study, Init ial code analysis describing required fired ratings, number of exits,
number of stairs, etc.)
n) Enlarged floor plans for end user office and operational spaces to be reviewed in
departmental reviews, this shall include but not limited to Stakeholder
Programming Elements included in Section 2.4 or provided by DPW, etc.
o) Preliminary building elevations and sections; Typical wall section to describe
proposed foundation system, façade systems, structure, and roof system.
p) Preliminary selection of building materials.
q) Update Zoning Analysis based on the Schematic Design.
r) Conceptual renderings produced for approval of design direction.
s) Plan-to-Program comparison.
t) Preliminary LEED Scorecards (if required).
u) Updated Design narratives from major consultants and disciplines. The narrative
shall include a preliminary description of proposed building system upgrades (i.e.
structural, HVAC, roof types, window systems, specific waste station related
equipment as noted below, low voltage/IT/AV, etc.). The proposed building system
package shall include a narrative description of the proposed system and an
estimated line -item cost. The narrative shall also identify the following specific
waste station key equipment and attributes: grapplers, tipping floor drainage
system, LED lighting, chute spillage guards, loading scales and scoreboards, fire
suppression system, bird deterrent system, dust mitigation and wall cleaning
system, surveillance system on tipping floors, odo r control system, noise control
system, material sorting systems, material shredders, organics depackager,
intercom and emergency shutdown system.
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v) Cost Estimate.
w) Zero Waste Report that includes planned strategies to achieve the zero-waste goal
x) An updated Net Zero Energy Report that includes all recommended strategies
applicable to achieving a Net Zero Energy ready building and an energy model
evaluation.
y) Design Quality Control Plan. Expanded plan to confirm the design decisions that
have been made and establish document control, change tracking and management
procedures.
z) Include potential public space improvements per DDOT public space standards or
as needed.
aa) Summary of agency review meetings as needed, including but not limited to: OP,
CFA, HPO, NCPC, DOEE, DDOT, and DOB. A
bb) Draft Maintenance and Operations Plan.
cc) Establish and implement plan for full integration of construction team into BIM
Level 3 process.
2.2.1.2 Schematic Design Deliverables
The A/E shall provide the following as part of the Schematic Development submission
to the Department:
a) Benning Road Transfer Station 100% Schematic Drawings.
b) Preliminary LEED Scorecards (if required).
c) Updated design narratives from major consultants and disciplines.
d) Cost estimate.
e) Zero Waste Report.
f) Updated Net Zero Energy Report.
g) Design Quality Control Plan.
h) Draft Maintenance and Operations Plan.
i) Plan for full integration of construction team into BIM Level 3 process.
j) Updated Design Schedule including information showing recovery of time for
inexcusable delays.
2.2.2 Design Development
2.2.2.1 The A/E shall include the following requirements in support of the Design Development
portion of the Project:
a) Detailed and dimensioned plans, wall sections, building section, schedules, exterior
elevations, typical envelope details, rendering, material selections, and color palette
to adequately convey design intent. The documents shall include door and window
schedules and standard details. Provide basic coordination of plans between all
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disciplines to include but not limited to Structural, Civil, Architectural, MEP, Fire
Protection, Fire Alarm, Low Voltage (including plans indicating card readers), waste
handling equipment, waste management features and landscaping.
b) Project Specifications to include LEED information as appropriate.
c) Complete code compliance analysis and drawing.
d) Building Code and Zoning Code Analysis including how the Project meets the
requirements of Appendix Z.
e) Space-by-space equipment layouts for key spaces. As part of the design
development phase, the A/E and any design consultants shall confer with
representatives from DPW and the Department regarding these plans to confirm that
they are acceptable to DPW.
f) A final lay-out of major equipment.
g) An interior finishes schedule that adequately conveys the design intent.
h) Major Equipment selections.
i) Designs for all building system upgrades, including low voltage/AV/IT. HVAC
systems, the submission shall include: (i) a detailed description of the proposed
mechanical systems; (ii) their general layout, including ‘Single-Line Diagrams’ (aka
‘Riser Diagra ms’); and (iii) any required load calculations. The HVAC design
solution shall also include preliminary layouts of other major components of the
HVAC system, including the type and location of energy recovery units (ERUs),
variable air volume (“VAV”) boxes , condensing units, and any related system
appurtenances.
j) Complete site plan drawings and details showing, all site features, attributes and
variances from existing conditions. These drawings shall include a finalized
stormwater management plan, paving layouts, traffic circulation, lighting, signage
and utilities and any necessary civil engineering documents required by the AHJ.
Coordinate final utility plans as required.
k) Updated LEED scorecard.
l) Provide a Project estimate based on the Design Development documents. Value
engineering analysis and detailed recommendation for Project savings (even if the
Project is not over budget).
m) Update the Net Zero energy study that includes all recommended strategies
applicable to achieving a Net Zero Energy ready building and certification plan.
n) Calculation of embodied carbon emitted from the production, transportation, and
installation of main structural materials including concrete, masonry, and structural
steel. It is recommended to use the EC3 calculator through
Buildingtransparency.org.
o) Contractor’s Quality Control Plan Information. This information shall be included
in the Project Specifications and customized to the project. It shall guide the
Contractor on key information to include in their testing & inspection log, list the
minimum d efinable features of work ( “DFOW”), provide the minimum
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requirements for project mock -ups and submittal schedules. Provide guidance for
the Contractor on forms and templates needed for the Project [ex. wall-ceiling close-
in]. Provide guidance for the Contractor on the Quality Assurance oversight to be
performed by the A/E and the Contactor’s reporting expectations.
p) Quality Assurance Plan. Provide to the DGS project manager the plan of the A/E
oversight of the Contractor’s Quality Control Plan that will ensure the Contractor
manages its production quality.
q) Provide a submittal register indicating all required submittals expected from the
Contractor.
r) Develop the commissioning approach and the criteria for the contractor’s operations
and maintenance information. This information shall be provided in the Project
Specifications.
s) Design team clarifications and scoping narrative addressing any scope that is not
apparent in Drawings or Specifications or items that are still being coordinated to
aid in the bidding process.
t) Present the design to CFA, OP, HPO, and other regulatory agencies as required
u) Register the project with the U.S. Green Building Council (“USGBC”) to obtain
LEED certification and pay all registration fees.
v) Register the Project with ILFI or U.S. Green Buildings for Net Zero Certification.
w) Participate in community meetings as required by DGS/DPW.
x) Coordinate with the DC HPO and other agencies, commissions, groups, etc. as
required. Attend meetings and hearings if necessary.
y) Respond in writing to all DGS and DPW comments on plans.
z) Act as scribe for all design -related meetings. Distribute meeting minutes to all
attendees.
aa) Prepare and submit 60% Design Development for review ahead of final DD
submission.
bb) Advance development of BIM Level 3 project data on established platform. Present
BIM Level 3 information to stakeholders, focusing on collaboration methods and
processes with Prime Contractor and Subcontractors.
2.2.2.2 Design Development Deliverables
The A/E shall provide the following as part of the Design Development submission
to the Department:
a) 100% Design Development Documents to include design drawings and
Project Specifications.
b) Updated LEED Scorecard.
c) Project Estimate and Value Engineering Analysis.
d) Updated Net Zero Energy Report.
e) Quality Assurance Plan for construction oversight.
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f) Submittal Register.
g) Confirmation that project is registered with the USGBC for LEED.
h) Confirmation that project is registered with the USGBC or ILFI for NetZero.
i) Design team clarifications and scoping narrative.
j) Calculation of embodied carbon emitted from the production, transportation, and
installation of main structural materials.
k) Provide BIM Level 3 briefing to DGS PM confirming the collaboration process
l) Updated Design Schedule including information showing recovery of time for
inexcusable delays.
2.2.3 Construction Documents
2.2.3.1 The A/E shall include the following requirements in support of the completion of
Construction Documents for the Project:
a) Complete drawings and specifications for construction. This document set shall
include any approved value engineering that took place during the previous
iterations. All final coordination among the design disciplines shall be
completed to include but not limited to, Structural, Civil, Architectural, MEP,
Fire Protection, Low Voltage (including plans indicating card readers), and
Landscaping. All architectural and engineering discipline documents shall
include sufficient coordinated detail to limit builder RFIs.
b) The A/E shall include the final version of all requirements from previous
drawing iterations into the Construction Documents.
c) Final exterior elevations, rendering, with material selections, and color palette.
d) Building sections, wall sections, and project specific envelope details.
e) Interior elevations, casework and millwork elevations for all locations.
f) Door and window schedules and details at all conditions.
g) The A/E shall incorporate and coordinate all DPW requirements including waste
management equipment, waste management attributes and waste management
scope as required into the Construction Documents.
h) Finalized Stormwater management including permit application comment
updates.
i) Present the design to CFA, OP, HPO, and other regulatory agencies as required
j) Participate in Construction Update Community Meetings, and other community
meetings as required by DGS/DPW.
k) Coordinate with district agencies, commissions, groups, etc. as required for
permitting and approvals. Attend meetings and hearings if necessary.
l) Respond in writing to all DGS and DPW comments on plans.
m) Act as scribe for all design -related meetings. Distribute meeting minutes to all
attendees.
n) Provide Design Schedule monthly update in the format set forth in the RFP
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o) Prepare and submit 60% CDs for review ahead of final CD submission.
p) The A/E shall use professional judgement when choosing to submit the
application for the building permit (typically around 60% CDs). The
determination of when to submit the application for the building permit shall
conform to the approved schedule and any approved revisions to the schedule.
The A/E shall be responsible for submitting the application for building permit
allowing sufficient time for the AHJ to approve the application without delaying
the schedule. The A/E shall anticipate revising the permit application after
review by the AHJ.
q) Perform payment and change order reviews focusing on elements related to
material and installation quality. The AE will not be required to review change
orders or aspects of the pay application that are not design related.
r) Lead a biweekly Design Progress Meeting for the duration of the design
process for the purpose of summarizing the design progress and to coordinate
on areas of the design where Owner input is needed. The AE shall also have
sufficient representation at biweekly progress meetings during the Construction
Administration phase. The progress meeting during the Construction
Administration phase will be led by others. The AE shall be prepared to
participate in weekly construction progress meetings, if necessary, when the
construction activity is within four months from the date of substantial
completion.
2.2.3.2 Construction Documents Deliverables
The A/E shall provide the following as part of the Construction Document submission to the
Department:
a) Complete “For Construction” Drawings as required including responses to
VEs and AHJ permit comments to include, but not limited to, site plans,
paving layouts traffic circulation, lighting, signage and utilities.
b) Complete “For Construction” Specifications package including responses
to VEs and AHJ permit comments.
c) Approved Building Permit.
d) Document approvals from other required agencies, if necessary.
e) Monthly Design Schedule Updates.
2.3 Construction Administration
The A/E shall establish a process for monitoring and approving the emplacement of the
design elements during construction and ensure compliance with the approved design. This
process shall be conveyed to the PM in a pre-construction meeting as well as in the Project
Specifications. The A/E shall maintain open and regular communication with stakeholders
and the builder ensuring clear understanding when constructed elements are out of
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compliance by issuing these findings in writing in a Field Report. The Field Report shall
include input from all disciplines as required. The A/E shall provide Project Field Reports
at least once per month during construction; more often if the circumstanc e warrants. The
A/E Field Reports shall reinforce the construction quality standards.
The A/E shall also anticipate areas of the design and construction implementation that
require refinement or an alternate approach. The builder will generate Requests For
Information (“RFI(s)”) in these instances. The A/E shall support solving these issues as
they arise and manage the RFI process.
The A/E shall review and comment on the builder’s monthly payment application. The A/E
shall also review and comment on the builder’s potential change orders. The PM shall
combine comments from the A/E and other stakeholders before responding to the builder’s
change order request. The A/E shall provide certification of the builder’s official change
orders along with other key stakeholders.
The A/E shall perform regular reviews of the builder’s as -builts during construction and
provide assessment of in-progress as-builts in field reports provided at least once per month
during construction.
The A/E shall perform a Project “punchlist” when there is mutual agreement with the
builder that the Project (or a significant portion of the project) is substantially complete.
The A/E shall consolidate punchlist items from DPW/DGS with its own punchlist items
and present the consolidated list to the builder for action. The A/E shall coordinate with
the builder to review and confirm acceptance of any completed punchlist items.
The A/E shall provide certification that the project is substantially complete and upon final
completion.
2.3.1 Construction Administration Deliverables
The A/E shall be required to deliver the following as part of the Construction Document
submission to the Department:
a) Construction Monitoring culminating in a monthly Field Report.
b) Monthly Construction Non -Compliance List including
acknowledgement of corrected items.
c) Monthly review of the builder’s payment application.
d) Responses to RFIs and RFI management.
e) Builder Potential Change Order review and comment.
f) Certification of Builder Official Change Orders.
g) Monthly review of builder as-builts. Report status.
h) Production and management of the project punchlist.
i) Certification of Substantial Completion and Final Completion Documents.
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j) Perform payment and change order reviews focusing on elements related to
material and installation quality. The AE will not be required to review change
orders or aspects of the pay applications that are not design related.
k) Lead a biweekly Design Progress Meeting for the duration of the design
process for the purpose of summarizing the design progress and coordinating
on areas of the design where Owner input is needed. The AE shall also have
sufficient representation at biweekly construction progress meetings during the
Construction Administration phase. The construction progress meeting during
the CA phase will be led by others. The AE shall be prepared to participate in
weekly construction progress meetings, if necessary, when the construction
activity is within four months from the date of substantial completion.
2.4 Stakeholder Programming Elements
The A/E shall include the following stakeholder programming elements into their design
approach. The Contractor list of items should be creatively incorporated into the Design
Approach. A substantial component of evaluating the A/E proposal is based on th e
inclusion of these elements in the Design Approach as part of the response to this RFP.
2.4.1 General
a) An aesthetically pleasing structure that is both functional, efficient, safe,
and state-of-the-art.
b) New technologies that will catapult the District into Zero Waste and zero
landfill operations. This facility should include innovations like European
recycling processes.
c) Green technologies that allow the facility to capitalize on environmental
technologies like solar power, hydroelectric power, air filtration,
recirculating water systems, and the generation and processing of methane
gas from bio processes like anaerobic digestion.
d) The facility shall include infrastructure to receive organic materials
including food and yard waste for consolidation for both on-site processing
and transfer to off-site organics processing facilities.
e) The facility will be a center for information sharing and learning in the area
of efficient waste management, safety, sustainability and recycling. The
facility will create an environment that welcomes industry brainstorming
and networking as a global lead er. The facility will feature conference
space and classrooms for industry events and learning.
f) Encouraging circular economies locally, nationally, and globally. The
design of the facility shall accommodate segregating circular material and
allocating handling space for it remain in the reuse cycle.
g) Positive impacts on the environment, community, and advancing the
management and reduction of municipal solid waste.
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2.4.2 Facility Operational Elements
a) A facility with multilevel floors for waste tipping and loading that also
multiple loading chutes which can be used flexibly based on operational
efficiencies for recycling, trash, shredded bulk waste, and organic
materials.
b) Residential drop -off area for the following material types: household
waste, household recycling, glass, bulky items (furniture, mattresses, tires,
etc.), household hazardous waste, electronics, and textiles.
c) An employee break facility with a large breakroom that offers multiple
microwaves, and gender -separated locker rooms with bathroom and
shower facilities.
d) Community educational center (classroom) including a viewing wall with
a view of the tipping floor(s), heavy equipment simulators/models, and
recycling education.
e) An innovation business suite with state -of-the-art conference center,
computers, internet, and workstations, and maker space.
f) Administrative suite for supervisors and management staff with card
access, conference room, breakroom and restrooms.
g) Guard booth at entrance of facility with interactive guard checkpoints
around the facility.
h) Two scale houses (one inbound and one outbound) with a weigh station
plaza, a restroom in each, internet, shatter-proof windows, key card entry,
and panic button.
i) Widened access road design for large vehicle traffic and large vehicle turn
radiuses.
j) Maintenance shop with full storage solutions, drill press bolted to the floor,
lathe bolted to the floor
k) Materials recovery facility (recycling sorting/baling) able to process at
least 50,000 tons of mixed recycling per year.
l) Glass bunkers for commercial glass drop -off and glass bottle cullet
equipment.
m) Wash hub facility for reusable foodservice ware.
2.4.3 Facility Features and Equipment
a) Viewing platforms for visitors to safely view the tipping floor and
recycling sorting operations.
b) Large outdoor digital screen at entrance.
c) Clear, public facing wayfinding signage.
d) Rainwater capturing and filtering for facility use.
e) Heavy equipment truck wash with recirculating water system.
f) 100% LED lighting - both internal and external
g) Internal air quality testing and HEPA or other industrial air filtration &
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UV-C system or better that mitigates air contaminants from polluting the
air inside the facility.
h) External air quality testing at vehicle entry locations to analyze air
escaping from the waste facility. This testing will allow the facility
operators to react to elevated particle, odor and fume levels and prevent
undesirable concentrated air contaminant s from reaching surrounding
residents.
i) Early Suppression Fast Response (“ESFR”) system to include automated
fire detection and water cannon suppression technology.
j) New stormwater pollution prevention drain system to replace current drain
system.
k) Native plant and rain garden landscaping.
l) Odor control system to mitigate odors, and the bacteria responsible for the
odor.
m) Noise control system and methods to decrease the noise escaping waste
operations area in the building.
n) Non-Intrusive Inspection (“NII”) X -ray technology at entrance points or
inbound scales similar to Homeland Security’s border patrol to detect
batteries for fire prevention.
o) Radiation and radon detection to avoid contamination and incendiary
devices from entering the facility concealed by the municipal waste.
p) Thermal sensors to detect onboard flammable or “hot materials” before
they enter the facility.
q) Misting system for dust suppression at the tipping floors.
r) Grapplers and chute loading equipment.
s) Remote control bulk shredding and crushing units for waste reduction
processes.
t) Air shower entryways and exits with vacuum system and easy to clean
catch basin.
u) Sustainable Energy Network with on -site renewable energy systems,
including photovoltaics (PV) and anaerobic digestors with natural gas
capture.
v) Parking canopy with solar panels for vehicles ranging from small cars to
heavy equipment.
w) DC Supercharge EV charging stations for use by DC Government and
capable of transitioning to pay-to-charge for outside users.
x) Artificial Intelligence (“AI”), data collection and telecommunications
system to connect all computer systems to a central unit for data analysis
and information sharing.
y) Structurally sound to endure multi -floor offloading and multi -floor
outbound loading with scale weighing communication and ticket printing
system.
z) 3-D animated rendering design concepts with residential dumping,
materials off -loading, and outbound loading entering and exiting the
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building/site, and leaf and yard waste processing and storage.
aa) Infrastructure and network hub to support an up -to-date weighing data
entry and printer system to reduce communications lags.
bb) 3-D Printed physical model of the completed facility to include the entire
site for display.
cc) The work shall correct any groundwater infiltration issues and create a
water infiltration pumping system in the event of water entering the lower
level of the facility.
2.4.4 Project Sustainability Requirements
The Project is required to meet all local and national codes including but not limited to DC
Energy Conservation, DC Green Construction Code, the Green Building Act, etc. The Project
will also be required to meet the recent amendment to the Green Building Act, the Greener
Government Building Amendment of 2022 which went into effect on March 10, 2023. In
addition to required codes, the project is required to meet the following:
a) LEED Requirements: The Project shall be designed in such a way to
achieve LEED Platinum. The A/E is responsible for the application and
execution of LEED requirements where applicable.
b) Net Zero Energy and Energy Consumption Requirements: In conjunction
with the Greener Governments Building Amendment Act Appendix Z
Requirements, the Department is requiring the Project to become an
Onsite Net Zero energy building, meaning renewables needed to offset
building energy use must be provided on site, see section below regarding
solar readiness. The Department requires the A/E to achieve net zero
strategies in the building’s design and certification through U.S. Green
Building Council’s (“USGBC”) LEED Zero program. The A/E shall
make recommendations on the most advantageous certification program
to the District, but the final determination of credentialing shall be made
by the District. The Project shall achieve an energy use intensity (“EUI”)
of 20 units or less to meet the energy consumption goals of the Project.
c) Solar-Readiness Requirements: The solar panels will be purchased,
installed, and maintained through the DGS’s Solar PV Program by
entering into a separate solar power purchase agreement. The Design
shall make the Project solar-ready by including the installation of
electrical conduit for future solar locations on roofs and/or facades and
building steel canopies, and allocating space for future installation of PV
equipment on rooftops and within electrical rooms to support solar in the
future in consultation with the Department’s solar PV Program
representatives. The building design shall include structural
considerations for solar panels and shall integrate the layout and
placement of the solar panels with the design. The A/E and the DGS
Sustainability and Energy Management Division will work together to
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provide the required calculations to meet the requirements of Appendix Z
onsite renewable. All projects required to meet Onsite Net Zero Energy
are required to offset all building energy use within the bounds of the
property. Solar panel, inverter material, rooftop solar racking materials,
labor costs, and solar system commissioning shall remain outside of the
A/E’s scope. While it is assumed solar panels will be a part of the design
to achieve Net Zero Certification, it is not required to be the only strategy
to achieve the Project goals. The A/E shall present iterative design
options to the Department and DPW to ensure the net zero goals are in
alignment with program goals for the Project.
d) Stormwater Management: The design team is responsible for designing
plans for meeting all Stormwater Management requirements within the
bounds of the project site. Additionally, the A/E shall explore the
possibility of the creation of Stormwater Retention Credits through the
DOEE Stormwater Retention Credit program.
2.5 Meeting Minutes
The A/E shall act as recorder for all meetings with the government agencies that the A/E
attends. The minutes shall clearly indicate the meeting number and date, numbering of
each issue discussed, including a description of the issue, who is responsible to address, by
what date, and date completed. Minutes shall provide contextual information to indicate
the relevance of the meeting such as open items, relevant schedule milestone information,
the financial status of the Contract, payments, list of open change orders and requests for
information as it relates to this Contract’s Scope of Work. Memorandum for the record
of such meetings shall be typewritten and submitted to the Project Manager within five
(5) calendar days from the date of the meeting for review and approval, and for such
distribution as may be required.
2.6 Licensing, Accreditation, and Registration
The A/E and all of its subcontractors and sub-consultants (regardless of tier) shall comply
with all applicable District of Columbia (the “District”), state, and federal licensing,
accreditation, and registration requirements and standards necessary for the performance
of the contract. Without limiting the generality of the foregoing, all drawings shall be
signed and sealed by a professional architect or engineer licensed in the District.
2.7 Conformance with Laws
It shall be the responsibility of the A/E to perform under the Contract in conformance with
the Department’s Procurement Regulations and all applicable District and federal statutes,
laws, codes, ordinances, regulations, rules, requirements, orders, and policies of
governmental bodies.
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2.8 Service Contract Act
The A/E agrees that the work performed under the proposed Contract shall be subject to
the Service Contract Act Wage Determination in effect on the date the contract is executed
and such wages are incorporated as Exhibit B. Service Contract Wage Schedules are
available at www.wdol.gov.
2.9 First Source Employment Agreement and Employment Plan
The A/E shall ensure that at least fifty -one percent (51%) of each firm and every
subconsultant’s and subcontractor’s employees hired after the effective date of the
Contract, or after such subconsultant or subcontractor enters into a contract with the A/E,
to work on the Project shall be residents of the District of Columbia. This percentage shall
be applied in the aggregate, and not trade by trade. In addition, the A/E shall use
commercially reasonable best efforts to comply with the workforce percentage goals
established by the recently adopted amendments to the First Source Employment
Agreement Act of 1984 (D.C. Code §§ 2 -219.01 et seq.) Exhibit H, and any
implementing regulations.
2.10 Living Wage Act
A/E shall comply with all applicable provisions of the Living Wage Act of 2006, Exhibit C,
as amended (codified at D.C. Official Code §§ 2 -220.01 et seq.) and its implementing
regulations.
2.11 Equal Employment Opportunity (“EEO”)
The A/E shall comply with applicable laws, regulations and special requirements of the
Contract Documents regarding equal employment opportunity and affirmative action
programs. In accordance with the District of Columbia Administrative Issuance System,
Mayor’s Order 85 -85 dated June 10, 1985, the forms for completion of the Equal
Employment Opportunity Information Report are incorporated herein as Exhibit D. A
contract award cannot be made to any contractor that has not satisfied the equal
employment requirements.
2.13 Standard Contract Provisions
The Department of General Services Standard Contract Provisions for Architectural and
Engineering Services Contracts Exhibit A are applicable to this procurement.
2.14 Time is of the Essence
Time is of the essence with respect to the proposed Contract. The A/E shall submit all
documentation for building permit by February 20, 2026 , and shall receive the building
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permit by July 16, 2026.
2.15 Project Delivery Schedule
The A/E shall develop a Project Schedule that results in completion and includes the following
Project Milestones:
• Project Kickoff Meeting .................................................................... 1 week from NTP
• Concept Development Completion (For builder proposal) ................... .March 30, 2026
• Master Plan Development Completion (with community input)…. …..May 18, 2026
• Schematic Design Development Completed………………………….July 20, 2026
• 100% Design Development Completion ……………………….…….September 21, 2026
• Permit Documents Submission to DOB………………………………November 25, 2026
• DOB Issue Building Permit…………………………………………..April 20, 2027
• 100% Construction Documents Complete……………………….........May 31, 2027
2.16 Project Closeout
The A/E shall submit all project deliverables, including but not limited to Concept Design Reports,
Master Plan Design, Meeting Minutes, and Existing Conditions Analysis & SWOT Memo.
The A/E shall submit all Project deliverables, including but not limited to Existing Conditions
Analysis and SWOT Memo, Building and Site Concept Development, Master Plan Design and
meeting minutes from Master Plan presentations. The A/E shall deliver all Construction
Document design iterations to include all in-progress review stages and authority having
jurisdiction (“AHJ”) stamped Permit Set. The A/E shall cause the DOB to issue the Project’s
building permit. The A/E shall provide all Construction Administration for the Project which
shall culminate with A/E certification that the Project has been completed according to the
design intent and is within compliance with the AHJ. The A/E must include a list of any items
that require further review with this certification. The A/E shall coordinate with the builder in
the completion of all open items. The A/E shall review and approve the Contractor’s final as-
builts. The A/E shall provide certification when the builder has reached final completion.
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ARTICLE 3
TYPE OF AGREEMENT, TERM OF AGREEMENT
AND COMPENSATION
3.1 Type of Agreement. This is a firm fixed price type of agreement.
3.2 Term of Agreement. The term of this Agreement commenced on January 2, 2026 (the date
of the letter contra ct “Letter Contract”), and such term shall continue to be in effect through
April 20, 2029.
3.3 Deliverables. Title I services shall be completed as described in Section 2.15 of this
agreement. The Title II services shall continue until to be in effect through the Substantial
Completion Date, as achieved by the GC.
3.4 Value of Agreement. The value of this Agreement is $4,748,060.00 (“Design Fee”). This
amount includes the following:
Conceptual Plans Fee $ 398,811
Masterplan Fee $ 326,419
Schematic Design Fee $ 668,558
Design Development Fee $ 681,969
Construction Document Fee $ 1,488,653
Construction Administration $ 822,497
Closeout Fee $ 66,153
LEED Consultant Fee $ 45,000
Allowance – Reimbursables $ 250,000
Total Design Fee + Allowances $4,748,060
The A/E’s Price Proposal is provided in Exhibit O1. The A/Es Best and Final Offer dated
September 11, 2025, is provided in Exhibit O2.
3.4.1 Not-to-Exceed (“NTE”) Amount . Notwithstanding Section 3.4 above, the A/E will be
paid an amount $4,748,060.00 at this time. In no event shall the A/E be paid more than this
amount unless the A/E is authorized to exceed this limit in advance and in writing by a
DGS Contracting Officer. Any future increases to the amount shall be authorized via a
modification to this Agreement.
3.5 Compensation for Reimbursable Expenses . Reimbursable expenses are in addition to
compensation for Design Phase Services and Construction Document and Construction Phase
Services and include expenses incurred by the A/E and the A/E’s consultants directly related
to the Project. An allowance in the amount of $ 250.00 is established for such reimbursable
expenses. In the event that the reimbursable expenses reach the limit of this allowance, the A/E
shall notify the District and shall not incur any additional reimbursable expense unless the
Department’s CO provides written authorization of an increase in the reimbursable expenses
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allowance. Reimbursable expenses shall include the following:
1. Permits;
2. Fees paid for securing approval of authorities having jurisdiction over the
Project; and
3. Reproductions, plots, standard form documents;
3.6 Use of ProjectTeam . The Contractor shall utilize the Department’s ProjectTeam system to
submit any and all documentation required to be provided by the Contractor for the Project,
including, but not limited to: (i) requests for information; (ii) submittals; (iii) meeting minutes;
(iv) proposed Changes; (v) certified payrolls (and at DGS’ option to upload via DOES LCP
Tracker software which the District will make available to the Contractor); (vi) Drawings and
Specifications; (vii) punchlist; (viii) invoices/applications for payment (full package including
all forms required by DGS); and (ix) other documents as may be designated by the Department.
3.6.1 Invoice Submittal. The A/E shall create and submit payment requests in an electronic
format through the DC Vendor Portal, https://vendorportal.dc.gov. The A/E shall submit
proper invoices on a monthly basis. To constitute a proper invoice, the A/E shall enter all
required information into the Portal after selecting the applicable purchase order number
which is listed on the A/E’s profile.
3.7 Payment Disputes. Disputes or questions regarding a portion of an invoice shall not be cause
for withholding payment for the remaining portion of the invoice . Time is of the essence in
the performance of the A/E’s obligations under this Agreement.
3.8 Disincentive Fee. The A/E shall provide the deliverables in accordance with the requirements
in the RFP, Letter Contract, and Form of Contract to the Department’s Project Manager and in
the referenced instances to the Contracting Officer.
In the event that the A/E fails to timely submit any such deliverable, the A/E shall pay to the
Department a disincentive fee of ($1 ,000) dollars plus ($250) per day after receiving written
notice from the Contracting Officer of failure to submit each deliverable. This remedy is
cumulative and does not limit any other right or remedy of the Department under the contract
or applicable District law.
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ARTICLE 4
INSURANCE
4.0 General Requirements. For purposes of Article 4, the term Contractor shall mean the A/E.
4.1 The Contractor at its sole expense shall procure and maintain, during the entire period of
performance under this contract, the types of insurance specified below. The Contractor shall
submit a Certificate of Insurance to the Contracting Officer (CO) givi ng evidence of the
required coverage prior to commencing performance under this contract. In no event shall
any work be performed until the required Certificates of Insurance signed by an authorized
representative of the insurer(s) have been provided to, and accepted by, the CO.
The Government of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor and
its subcontractors (except for workers’ compensation and professional liability insurance) as
an additional insureds for claims against The Government of the District of Columbia
relating to this contract, with the understanding that any affirmative obligation imposed
upon the insured Contractor or its subcontractors (including without limitation the liability
to pay premiums) shall be the sole obligation of the Contractor or its subcontractors, and not
the additional insured. The additional insured status under the Contractor’s and its
subcontractors’ Commercial General Liability insurance policies shall be effected using the
ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20
37 07 04) or such other endorsement or combination of endorsements providing coverage at
least as broad and approved by the CO in writing. All of the Contractor’s and its
subcontractors’ liability policies (except for workers’ compensation and professional
liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as
to indicate that such policies provide primary coverage (without any right of contribution by
any other insurance, reinsurance or self-insurance, including any deductible or retention,
maintained by an Additional Insured) for all claims against the additional insured arising out
of the performance of this Statement of Work by the Contractor or its subcontractors, or
anyone for whom the Contractor or its subcontractors may be liable. These policies shall
include a separation of insureds clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor and subcontractors.
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a
CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services
Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with
coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of the Contractor and under all subcontracts, covering
claims for bodily injury, including without limitation sickness, disease or death and
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mental anguish of any persons, broad form property damage, including loss of use
resulting therefrom, personal and advertising injury, and including coverage for liability
arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such
coverage shall have limits of liability of not less than $1,000,000 for each occurrence, and a
$2,000,000 general aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2015 0413 (or its equivalent) to The Government of the
District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
(where applicable)
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA
00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000 for bodily injury or death and property
damage, including loss of use thereof. Such policy or policies of automobile liability
insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.
Auto Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:
a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or
earthquake; flood; mischief or vandalism; or the sinking, burning, collision or
derailment of any conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another
object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
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c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates
of the District of Columbia or the jurisdiction in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of employer’s liability insurance as follows: $500,000 per accident for injury;
$500,000 per employee for disease; and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
breach of contract, and violation of any consumer protection laws arising out of
Contractor’s operations or services with a limit of $2,000,000 per claim and in the
aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable information
and payment card information, network security failure, violation of any consumer
protection laws, unauthorized access and/or use or other intrusions, infringement of any
intellectual property rights (except patent), unintentional breach of contract, negligence or
breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of
privacy, or violations of any other legal protections for personal information, defamation,
libel, slander, commercial disparagement, negligent transmission of computer virus, or
use of computer networks in connection with denial of service attacks. Such coverage
shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the
world. Such coverage shall include contractual privacy coverage for data breach response
and crisis management costs that would be incurred by Contractor on behalf of The
Government of the District of Columbia in the event of a data breach including legal and
forensic expenses, notification costs, credit monitoring costs, and costs to operate a call
center. Contractor shall maintain coverage in force during the term of this Agreement and
for an extended reporting period of not less than two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from
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any error or omission in the performance of professional services under this Contract.
The policy shall provide limits of $1,000,000 per claim or per occurrence for each
wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any
applicable retroactive date precedes the date the Contractor first performed any
professional services for the Government of the District of Columbia and that continuous
coverage will be maintained or an extended reporting period will be exercised for a
period of at least ten years after the completion of the professional services. Limits may
not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits of $5,000,000 per occurrence and $5,000,000 in the annual aggregate,
following the form and in excess of all liability policies. All liability coverages must be
scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage
shall be primary to any insurance, self-insurance or reinsurance maintained by The
Government of the District of Columbia and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.
4.2 SUBCONTRACTOR INSURANCE REQUIREMENTS. Any and all subcontractors
engaged by Contractor for work under this agreement shall be required to have the same
insured required of Contractor. Should the Contractor wish to propose different insurance
requirements than outlined below, then, prior to commencement of work by the
subcontractor, the Contractor shall submit in writing the name and brief description of work
to be performed by the subcontractor on the Subcontractors Insurance Requirement
Template provided to the Office of Risk Management (ORM). ORM will determine the
insurance requirements applicable to the subcontractor and promptly deliver such
requirements in writing to the Contractor. In either instance, the Contractor must provide
proof of the subcontractor's required insurance prior to commencement of work by the
subcontractor.
4.3 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.
4,4 DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages for
ten years for construction projects following final acceptance of the work performed under
this contract and two years for non-construction related contracts.
4.5 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
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insurance specified herein are sufficient or adequate to protect your interests or liabilities
and will not in any way limit the contractor’s liability under this contract.
4.6 CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding, and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of The Government of the District
of Columbia.
4.7 MEASURE OF PAYMENT. The Government of the District of Columbia shall not make
any separate measure or payment for the cost of insurance and bonds. The Contractor shall
include all of the costs of insurance and bonds in the contract price.
4.8 NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall
be given thirty (30) days prior written notice in the event of cancellation, non-renewal, or
material changes to the extent such cancellation or material changes results in Contractor no
long complying with the above requirements. The Contractor shall provide the CO with ten
(10) days’ prior written notice in the event of non-payment of premium. The Contractor will
also provide the CO with an updated Certificate of Insurance should its insurance coverages
renew during the contract. The Government of the District of Columbia may reasonably
change the above insurance coverage requirements during the Term by giving Contractor at
least 30 days’ notice of the change. Contractor must comply, at your expense, and deliver to
the CO evidence of compliance before the change becomes effective.
4.9 CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us with
evidence of renewal before the expiration date of each insurance policy. Contractor is
responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted to james.marshall@dc.gov .
The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and other
endorsements shall be furnished to the CO prior to the date of expiration of all such initial
insurance. For all coverage required to be maintained aft er completion, an additional
certificate of insurance evidencing such coverage shall be submitted to the CO on an annual
basis as the coverage is renewed (or replaced).
4.10 DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any
third party which presents a claim against The Government of the District of Columbia for
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any damages or claims resulting from or arising out of work performed by the Contractor, its
agents, employees, servants or subcontractors in the performance of this contract.
4.11 CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.
4.12 WARRANTIES. When applicable, the Contractor should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability policy
using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-
based form with coverage at least as broad). CO should collect, review for accuracy, and
maintain all warranties for goods and services.
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ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents. Regardless of whether the Project is completed, any design
documents, specifications, reports, studies, and other work prepared by the A /E and the
A/E’s subconsultants engaged by the A/E, and all other documents created in association
with the Project shall become the sole property of the Department upon full payment of
A/E’s fees then due under this Agreement, and shall not to be used by the A/E its sub-
consultants on other projects, or for additions to this Project outside the Scope of Work,
without the specific written consent of the Department. However, the Department expressly
acknowledges and agrees that the documents to be provided by the A/E under this
Agreement may contain design details, features and concepts including some from the
A/E’s library, which collectively form part of the design for the project, but which
separately are and shall remain the sole and exclusive property of the AA/E. These details
are repetitive in nature, not Project specific, function rather than form -oriented, and were
not developed for or identifiable with the Project. Nothing herein shall be construed as a
limitation on the A/E’s absolute right to re-use such component design details, features and
concepts on other projects, in other contexts or for other clients.
The Department shall be under no obligation to account to the A/E for any profits obtained
by the Department as a result of the Project, or the use of such drawings, specifications and
other documents in connection with the Project. In the event that the A greement is
terminated prior to completion of the Project or the A/E is unable to complete this Project
for any reason, the Department shall have the right to use without the A/E’s consent, and
the A/E shall deliver to the Department and/or its designee wi thin two (2) calendar days
after such termination or inability, all such drawings, specifications and other documents as
well as design concepts and details in connection with the Project or necessary for the
Department’s completion of this Project (including subsequent phases thereof), so long as
the Department has paid the A/E all fees then owed to the A/E under this Agreement.
The Department’s rights hereunder shall extend to its successors and assigns and the A/E’s
obligation to deliver such drawings, specifications, and documents. Any use of the
documents without the A/E or the A/E’s consultants’ involvement shall be at the
Department’s sole risk and without liability to the A/E or the A/E’s consultants. Unless
Department fails hereunder to pay A/E therefor, the Department shall be deemed the owner
of such drawings, specifications, and other documents and shall have and retain all rights
therein. In the event Department is adjudged to have failed hereunder to pay A/E for such
drawings, specifications or other documents, ownership thereof, and all rights therein, shall
revert to the A/E. This provision shall survive termination of this Agreement.
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ARTICLE 6
CLAIMS AND DISPUTES
6.1 All claims or disputes arising out of or under this Agreement shall be governed by the terms
of the Standard Contract Provisions for A&E Services Contracts , Article 9 as specified in
Exhibit A.
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ARTICLE 7
ECONOMIC INCLUSION PROVISIONS
7.1 CBE Utilization
7.1.1 If the A/E subcontracts any part of its work under this Agreement, the A/E shall subcontract
at least 35% of the dollar volume to certified small business enterprises; provided, however,
that the costs of materials, goods and supplies shall not be counted towards the 35%
subcontracting requirements unless such materials, goods and supplies are purchased from
the certified small business enterprises.
7.2 Mandatory Subcontracting Plan and Requirements. The ma ndatory subcontracting
requirements are as follows:
(a) Unless the Director of the Department of Small and Local Business
Development (“DSLBD”) has approved a waiver in writing in accordance with
D.C. Official Code § 2-218.51, for all contracts in excess of $250,000, at least
35% of the dollar volume of the contract shall be subcontracted to qualified
small business enterprises (“SBE(s)”).
(b) If there are insufficient SBEs to completely fulfill the requirement of paragraph
(a), then the subcontracting may be satisfied by subcontracting 35% of the
dollar volume to any qualified certified business enterprises ( “CBE(s)”);
provided, however, that all reasonable efforts shall be made to ensure that SBEs
are significant participants in the overall subcontracting work.
(c) A prime contractor that is certified by DSLBD as a small, local or
disadvantaged business enterprise shall not be required to comply with the
provisions of sections (a) and (b) above.
(d) Except as provided in (e) and (f) below, a prime contractor that is a CBE and
has been granted a bid preference pursuant to D.C. Official Code § 2 -218.43,
or is selected through a set -aside program, shall perform at least 35% of the
contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be
subject to enforcement actions under D.C. Official Code § 2-218.63.
(e) A prime contractor that is a certified joint venture and has been granted a
proposal preference pursuant to D.C. Official Code § 2 -218.43, or is selected
through a set-aside program, shall perform at least 50% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A certified joint venture prime
contractor that performs less than 50% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code § 2-218.63.
(f) Each CBE utilized to meet these subcontracting requirements shall perform at
least 35% of its contracting effort with its own organization and resources.
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(g) A prime contractor that is a CBE and has been granted a proposal preference
pursuant to D.C. Official Code § 2 -218.43, or is selected through a set -aside
program, shall perform at least 50% of the on -site work with its own
organization and resources if the contract is $1 million or less.
7.3 Subcontracting Plan.
The A/E’s Subcontracting Plan is provided in Exhibit G. The plan shall only be amended with
the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar
volume of the subcontracted portion resulting from an amendment of the plan shall inure to
the benefit of the District.
7.4 Copies of Subcontracts. Within twenty-one (21) days of the date of award, the Contractor
shall provide fully executed copies of all subcontracts identified in the subcontracting plan
(Exhibit G) to the CO, City Administrator (CA), District of Columbia Auditor and the Director
of DSLBD.
7.5 Subcontracting Plan Compliance Reporting. If the A/E has a subcontracting plan required
by law for this Contract, the A/E shall submit a quarterly report to the CO, CA , District of
Columbia Auditor , and the Director of DSLBD. The quarterly report shall include the
following information for each subcontract identified in the subcontracting plan:
(a) The price that the prime contractor will pay each subcontractor under the
subcontract;
(b) A description of the goods procured or the services subcontracted for;
(c) The amount paid by the prime contractor under the subcontract; and
(d) A copy of the fully executed subcontract, if it was not provided with an
earlier quarterly report.
7.6 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
7.7 Annual Meetings. Upon at least 30-days written notice provided by DSLBD, the Contractor
shall meet annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD
to provide an update on its subcontracting plan.
7.8 DSLBD Notices. The A/E shall provide written notice to the DSLBD and the District of
Columbia Auditor upon commencement of the Agreement and when the Agreement is
completed.
7.9 Enforcement and Penalties for Breach of Subcontracting Plan.
7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by law, if the
A/E: (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a
monitoring or compliance report or other required subcontracting information containing
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a materially false statement; or (iii) fails to meet its subcontracting requirements.
7.9.2 An A/E that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including
monetary fines in accordance with D.C. Official Code § 2-218.63.
7.9.3 If the CO determines the A/E’s failure to be a material breach of the Contract, the CO shall
have cause to terminate the Contract for default pursuant to the terms set forth in the
Standard Contract Provisions, in Article 8 of the Standard Contract Provisions.
7.9.4 Neither the A/E nor its subconsultant may remove a subcontractor or tier-subcontractor if
such subcontractor or tier-subcontractor is certified as an LSDBE company unless the
Department approves of such removal, in writing. The Department may condition its
approval upon the A/E developing a plan that is, in the Department’s sole and absolute
judgment, adequate to maintain the level of LSDBE participation on the Project.
7.10 Equal Employment Opportunity and Hiring of District Residents
7.10.1 The A/E shall comply with applicable laws, regulations and special requirements of the
contract documents regarding equal employment opportunity and affirmative action
programs. In accordance with the District of Columbia Administrative Issuance System,
Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the equal
Employment Opportunity Information Report are incorporated herein as Exhibit D. A
contract award cannot be made to any contractor that has not satisfied the equal
employment requirements.
7.10.2 The A/E shall ensure that at least fifty -one percent (51%) of the A/E’s team and every
subconsultants and subcontractor’s employees hired after the effective date of the
Agreement, or after such subconsultant or subcontractor enters into a contract with the A/E,
to work on the Project shall be residents of the District of Columbia. This percentage shall
be applied in the aggregate, and not trade by trade. In addition, the A/E shall use
commercially reasonable best efforts to comply with the workforce percen tage goals
established by the recently adopted amendments to the First Source Employment
Agreement Act of 1984 (D.C. Code §§ 2-219.01 et seq.) and any implementing regulations,
including, but not limited to the following requirements:
(i) At least 20% of journey worker hours by trade shall be performed by District
residents;
(ii) At least 60% of apprentice hours by trade shall be performed by District
residents;
(iii)At least 51% of the skilled laborer hours by trade shall be performed by
District residents; and
(iv) At least 70% of common laborer hours shall be performed by District residents.
(v) Thirty five percent (35%) of all apprentice hours worked on the Project shall be
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worked by District residents.
7.11 Economic Inclusion Reporting Requirements
7.11.1 Upon execution of the Agreement, the A/E and all its member firms, if any, and each of its
Subcontractors shall submit to the Department a list of current employees and apprentices
that will be assigned to the Agreement, the date they were hired and whether or not they
live in the District of Columbia.
7.11.2 The A/E and its constituent entities shall comply with subchapter X of Chapter II Title 2,
and subchapter II of Chapter 11 of Title 1 of the D.C. Code, and all successor acts thereto
and the rules and regulations promulgated thereunder. The A/E and all member firms and
Subcontractors shall execute a First Source Agreement with the District of Columbia
Department of Employment Services (“DOES”) prior to beginning work at the Project site.
7.11.3 The A/E shall maintain detailed records relating to the general hiring of District of
Columbia and community residents.
7.11.4 The A/E shall be responsible for: (i) including the provisions of this Section 7.11 in all
subcontracts; (ii) collecting the information required in this Section 7.11 from its
Subcontractors; and (iii) providing the information collected from its Subcontractors in any
reports required to be submitted by the A/E pursuant to this Section 7.11.
7.11.5 Apprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2 -156, (as amended, the
Act) as amended shall apply to this Project. All subcontractors selected to perform work
on the Project on a craft-by-craft basis shall be required to comply with the Act. All terms
and conditions of the D.C. Apprenticeship Council Rules and Regulations shall be
implemented. The Contractor shall be liable for any subcontractor non-compliance. Thirty-
five percent (35%) of all apprentice hours worked shall be worked by District residents.
7.12 CAMPAIGN FINANCE REFORM ACT
Prior to the execution of this Contract, the Contractor shall complete and submit to the
Department a completed Campaign Finance Reform Act Self -Certification Form, Exhibit I,
pursuant to D.C. Official Code § 1-1161.01.
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ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Conformance with Laws. It shall be the responsibility of the A/E to perform under the
Contract in conformance with the Department’s Procurement Regulations and all applicable
District and federal statutes, laws, codes, ordinances, regulations, rules, requirements, orders,
and policies of governmental bodies. This Agreement shall be governed by the laws of the
District of Columbia.
8.2 The Department and A/E, respectively, bind themselves, their partners, successors, assigns and
legal representatives to the other party to this Agreement and to the partners, successors,
assigns of such other party with respect to all covenants of this Agreement. The A /E shall not
assign this Agreement without the written consent of the Department.
8.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the Department or A/E.
8.4 Unless otherwise required in this Agreement, the A /E shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous
materials or toxic substances in any form at a Project site.
8.5 The A/E shall have the right to include photographic or artistic representations of the Project
among the A/E’s promotional and professional materials. If applicable, the A/E shall be given
reasonable access to the completed Project to make such representations. However, the A/E’s
materials shall not include the Department’s confidential or proprietary information if the
Department has previously advised the A /E in writing of the specific information considered
by the Department to be confidential or proprietary. The Department shall provide professional
credit for the A/E in the Department’s promotional materials for the Project.
8.6 In accordance with Section 8.1 0 below, i f the A/E or Department receives information
specifically designated by the other party as “confidential” or “business proprietary,” the
receiving party shall keep such information strictly confidential and shall not disclose it to any
other person except to : (i) its employees ; (ii) those who need to know the content of such
information in order to perform services or construction solely and exclusively for the Project;
or (iii) its consultants and contractors whose contracts include similar restrictions on the use
of confidential information.
8.7 The A/E agrees to indemnify and hold the Department, the Department’s Representative and
the Department’s officers, agents and employees harmless from and against all claims,
liabilities, demands, losses, damages, judgments, costs, or expenses, including reasonable
attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are
caused by the negligent acts or omissions of the A/E, its employees and its consultants in the
performance of professional services pursuant to this Agreement.
8.8 The A/E agrees to indemnify and hold the Department and the Department’s Representative
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harmless from and against any and all claims, liabilities, demands, losses, damages, costs, or
expenses arising from the A/E’s failure to perform its obligations pursuant to agreements with
third parties, including, but not limited to, subconsultants, made in order to provide the services
required of the A/E under this Agreement.
8.9 The A /E shall pay for and defend all such suits or claims arising out of the Work for
infringement of any patent rights or copyrights and hold the Department and Department’s
Representative harmless from loss on account thereof.
8.10 Confidentiality. The A /E shall maintain the confidentiality of information specifically
designated as confidential by the Department, unless withholding such information would
violate the law, create the risk of significant harm to the public or prevent the A /E from
establishing a claim or defense in an adjudicatory proceeding. The A /E shall require of the
A/E’s consultants similar agreements to maintain the confidentiality of information
specifically designated as confidential by the Department.
8.11 Extent of Agreement. This Agreement, which includes the terms set forth in the RFP, the
Exhibits hereto, and other documents incorporated herein by reference, represents the entire
and integrated agreement between the Department and the A /E and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Department’s CO and the A/E.
8.12 Non-Discrimination in Employment Provisions
8.12.1 The A/E agrees to take affirmative action to ensure that applicants are employed and that
employees are treated during employment, without regard to their race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual orientation, f amily
responsibilities, matriculation, political affiliation, or physical handicap. The affirmative
action shall include, but not be limited to, the following:
8.12.1.1 Employment, upgrading, or transfer;
8.12.1.2 Recruitment or recruitment advertising;
8.12.1.3 Demotion, layoff, or termination;
8.12.1.4 Rates of pay, or other forms of compensation; and
8.12.1.5 Selection for training and apprenticeship.
8.12.2 Unless otherwise permitted by law and directed by the Department, the A/E agrees to post
in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.
8.12.3 The A/E shall, in all solicitations or advertisements for employees placed by or on behalf
of the A/E; state that all qualified applicants will receive consideration for employment
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pursuant to the non-discrimination requirements set forth in this Section.
8.12.4 The A/E agrees to send to each labor union or representative of workers with which it has
a collective bargaining agreement, or other contract or understanding, a notice to be
provided by the Department, advising each labor union or workers' representative of the
A/E's commitments under this Section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
8.12.5 The A/E agrees to permit access by the Department to all books, records and accounts
pertaining to its employment practices for purposes of investigation to ascertain
compliance with this Section, and shall post copies of the notices in conspicuous places
available to employees and applicants for employment.
8.12.6 The A/E shall include in every subcontract the equal opportunity clauses of this Section so
that such provisions shall be binding upon each Sub A/E or vendor.
8.12.7 The A/E shall take such action with respect to any Sub A /E as the CO may direct as a
means of enforcing these provisions, including sanctions for non-compliance.
8.13 False Claims Act. A/E shall be governed by all laws and regulations prohibiting false or
fraudulent statements and claims made to the government, including the prescriptions set forth
in District of Columbia Official Code §§ 2-308.14 and 22-2405.
8.14 Interpretation of Contract. All of the documents comprising the Contract should be read as
complementary, so that what is called for by one is called for by all. Ambiguities should be
construed in favor of a broader scope of work for the A/E, as the intent of the Contract is, with
specific identified exceptions, to require the A /E to assume entire responsibility for
construction of the Project. If there is any inconsistency among the documents comprising the
Contract, the order of precedence among them i s as follows, with the first listed document
having the highest priority: this Agreement and its Exhibits, the General Conditions, and the
Construction Documents released by the Department. Any Change Order issued and executed
by the Department shall supersede those portions of earlier dated contract documents to which
it pertains.
8.15 Independent Contractor. In carrying out all its obligations under the Contract, the A/E shall
be acting as an independent Contractor, and not as an employee or agent of the Department, or
joint venture or partner with the Department. The A/E shall have exclusive authority to
manage, direct, and control the Work, and shall be responsible for all construction means,
methods, techniques, sequences, and procedures, as well as for Project safety.
8.16 Terms in this Agreement shall have the same meaning as construed under District law.
8.17 Confidential Information. In the course of the A/E's performance of the Work, the
Department may make available to the A/E information that the Department designates as trade
secrets or other confidential engineering, technical and business information. As long as, and
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to the extent that, such information remains confidential and available to others only with the
consent of the Department, or is not generally available to the public from other sources, the
A/E shall maintain such information in strict confidence and shall not disclose any such
information to others (including its employees or Subcontractors), except to the extent
necessary to enable the A/E to carry out the Project. The A/E shall similarly obligate any and
all persons to whom such information is necessar ily disclosed to maintain the information in
strict confidence. The A /E agrees that, in the event of any breach of this confidentiality
obligation, the Department shall be entitled to equitable relief, including injunctive relief or
specific performance, in addition to all other rights or remedies otherwise available.
8.18 No Third -Party Beneficiary Rights. Nothing in this Agreement shall be construed as
creating third-party beneficiary rights in any person or entity, except as otherwise expressly
provided in this Agreement.
8.19 Media Releases. Neither the A/E, its employees, agents or Subcontractors or material
suppliers shall make any press release or similar media release related to the Project unless
such press release have been discussed with the Department prior to its issuance.
8.20 Construction. This Agreement shall be construed fairly as to all parties and not in favor of or
against any party, regardless of which party prepared the Agreement.
8.21 Notices. All notices or communications required or permitted under the Contract shall be in
writing and shall be hand delivered or sent by tele-copier or by recognized overnight carrier to
the intended recipient at the address stated below, or to such other address as the recipient may
have designated in writing. Any such notice or communication shall be deemed delivered as
follows: if hand delivered, on the day so delivered, if sent by tele -copier, on confirmation of
successful transmission, and if sent by recognized overnight carrier, the next business day.
If to the Department: If to the A/E:
James H. Marshall Joseph J. Celentano AIA, LEED AP
Contracting Officer Owner and Principal
Department of General Services VMDO DC Architects, PLLC
3924 Minnesota Avenue NE 5th Floor 2000 Pennsylvania Avenue NW
Washington, DC 20019 Washington DC 20006
This Paragraph shall be read as imposing minimum requirements for distribution of required
contractual notices, and not as displacing distribution requirements with respect to design
documents, construction submittals, periodic reports, and other documents.
8.22 Limitations. The A/E agrees that any statute of limitations applicable to any claim or suit by
the Department arising from this Contract or its breach shall not begin to run, or shall be
deemed to be tolled, until Final Completion or, with respect to latent defects or
nonconformities, such later time as the Department knew or should have known of the defect
or nonconformity.
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8.23 Binding Effect; Assignment. The Contract shall inure to the benefit of, and be binding upon
and enforceable by, the parties and their respective successors and permitted assigns. The A/E
acknowledges that, in entering into the Contract, the Department is relying on the particular
qualifications of the A/E, and the A/E therefore shall not delegate or assign any of its duties or
obligations under the Contract, except in accordance with the Contract's provisions relating to
subcontracting, or pursuant to the Department's prior written consent. The A/E shall not assign
its rights under the Contract, including the right to all or a portion of its compensation, without
the Department's prior written consent. Any delegation or assignment made contrary to the
provisions of this Paragraph shall be null and void.
8.24 Survival. All agreements warranties, and representations of the A/E contained in the Contract
or in any certificate or document furnished pursuant to the Contract shall survive termination
or expiration of the Contract.
8.25 No Waiver. If the Department waives any power, right, or remedy arising from the Contract
or any applicable law, the waiver shall not be deemed to be a waiver of the power, right, or
remedy on the later recurrence of any similar events. No act, delay, or course of c onduct by
the Department shall be deemed to constitute the Department's waiver, which may be effected
only by an express written waiver signed by the Department.
8.26 Remedies Cumulative. Unless specifically provided to the contrary in the Contract, all
remedies set forth in the Contract are cumulative and not exclusive of any other remedy the
Department may have, including, without limitation, at law or in equity. The Department's
rights and remedies will be exercised at its sole discretion, and shall not be regarded as
conferring any obligation on the Department's to exercise those rights or remedies for the
benefit of the A/E or any other person or entity.
8.27 Headings/Captions. The headings or captions used in this Agreement or its table of contents
are for convenience only and shall not be deemed to constitute a part of the Contract, nor shall
they be used in interpreting the Contract.
8.28 The Quick Payment Act
8.28.1 Interest Penalties to Contractors
8.28.1.1 The District will pay interest penalties on amounts due to the A/E under the Quick
Payment Act, D.C. Official Code §2 -221.01 et seq., for the period beginning on the day
after the required payment date and ending on the date on which payment of the amount
is made. Interest shall be calculated at the rate of 1% per month. No interest penalty shall
be paid if payment for the completed d elivery of the item of property or service is made
on or before:
a) the 3
rd day after the required payment date for meat or a meat product;
b) the 5
th day after the required payment date for an agricultural commodity; or
c) the 15
th day after the required payment date for any other item.
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8.28.1.2 Any amount of an interest penalty which remains unpaid at the end of any 30 -day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.
8.28.2 Payments to subcontractors
8.28.2.1 The A/E must take one of the following actions within seven (7) days of receipt of any
amount paid to the A/E by the District for work performed by any subcontractor under this
Agreement:
a) Pay the subcontractor for the proportionate share of the total payment received
from the District that is attributable to the subcontractor for work performed
under the Agreement; or
b) Notify the District and the subcontractor, in writing, of the A/E’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the
nonpayment.
8.28.2.2 The A/E must pay any subcontractor or supplier interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the
date on which the payment is made. Interest shall be calculated at the rate of 1% per month.
No interest penalty shall be paid on the following if payment for the completed delivery of
the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
8.28.2.3 Any amount of an interest penalty which remains unpaid by the A/E at the end of any 30-
day period shall be added to the principal amount of the debt to the subcontractor and
thereafter interest penalties shall accrue on the added amount.
8.28.2.4 A dispute between the A/E and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District of Columbia is a party. The District of
Columbia may not be interpleaded in any judicial or administrative proceeding involving
such a dispute.
8.28.3 Subcontract flow-down requirements
8.28.3.1 The A/E shall include in each subcontract under this Contract a provision requiring the
subcontractor to include in its contract with any lower -tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and (2) of D.C. Official C ode
§2-221.02(d).
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8.28.4 Requirements for Change Order Payments
8.28.4.1 The Department and the A/E are prohibited from requiring a prime contractor (the A/E in
this Agreement) or a subcontractor to undertake any work that is determined to be beyond
the original scope of the prime contractor's or a subcontractor's contract or subcontract,
including work under a District -issued change order, when the additional work increases
the contract price beyond the not -to-exceed price or negotiated maximum price of the
underlying contract, unless the CO:
a) Agrees with the prime contractor and, if applicable, the subcontractor on a price for
the additional work;
b) Obtains a certification from the Chief Financial Officer that there are sufficient
funds to compensate the prime contractor and, if applicable, the subcontractor for
the additional work;
c) Has made a written, binding commitment with the prime contractor to pay for the
additional work within 30 days after the prime contractor submits a proper invoice
for the additional work to the CO; and
d) Gives written notice of the funding certification from the Chief Financial Officer
to the prime contractor;
8.28.4.2 The A/E is required to include in its subcontracts a clause that requires the prime contractor
to:
a) Within 5 business days of receipt of the notice required under subparagraph (A)(iv)
of this paragraph, provide the subcontractor with notice of the approved amount to
be paid to the subcontractor based on the portion of the additional work to be
completed by the subcontractor;
b) Pay the subcontractor any undisputed amount to which the subcontractor is
entitled for any additional work within 10 days of receipt of payment for the
additional work from the District; and
c) If the prime contractor withholds payment from a subcontractor, notify the
subcontractor in writing and state the reason why payment is being withheld and
provide a copy of the notice to the CO; and
8.28.4.3 The Department, A/E , prime contractor, or a subcontractor are prohibited from declaring
another party to the contract to be in default or assessing, claiming, or pursuing damages for
delays in the completion of the construction due to the inability of the parties to agree on a
price for the additional work.
8.29 Entire Agreement; Modification. The Contract supersedes all contemporaneous or prior
negotiations, representations, course of dealing, or agreements, either written or oral. No
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modifications to the Contract shall be effective unless made in writing signed by both the
Department and the A/E, unless otherwise expressly provided to the contrary in the Contract.
8.30 Severability. In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement, and in lieu
of each such invalid, illegal or unenforceable provision, there shall be added automatically as
a part of this Agreement a provision as similar in terms to such invalid, illegal or unenforceable
provision as may be possible and be valid, legal and enforceable; each part of this Agreement
is intended to be severable.
8.31 RIGHTS IN DATA
8.31.1 Definitions
1. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through the Contractor, including existing and custom
Products, such as, but not limited to: a) recorded information, regardless of form or the
media on which it may be recorded; b) document research; c) experimental, developmental,
or engineering work; d) licensed software; e) components of the hardware environment; f)
printed materials (including but not limited to training manuals, system and use r
documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the Contract. Existing Products must be identified on
the Product prior to commencement of work or else will be presumed to be Custom
Products.
3. “ Custom Products ” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for the
District under the Contract.
4. “District” – The District of Columbia and its agencies.
8.31.2 Title of Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the Contract. The District shall have ownership and rights for the duration set
forth in the contract to use, copy, modify, distribute, or adapt Products as follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded
in, delivered or operating in conjunction with hardware or Custom Products, shall remain
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with Contractor or third party proprietary owner, who retains all rights, title and interest
(including patent, trademark or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non -exclusive, worldwide, paid -up license to use , execute,
reproduce, display, perform, adapt (unless the Contractor advises the District as part of
Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor
demonstrates such to the District’s satisfaction), and distribute Existing Product to District
users up to the license capacity stated in the Contract with all license rights necessary to
fully effect the general business purpose of the project or work plan or contract. Licenses
shall be granted in the name of the District. The District agrees to reproduce the copyright
notice and any other legend of ownership on any copies authorized under this paragraph.
2. Custom Products: Effective upon Product creation, the Contractor shall convey, assign,
and transfer to the District the sole and exclusive rights, title and interest in Custom
Products, whether preliminary, final or otherwise, including all patents, trademark, and
copyrights. The Contractor hereby agrees to take all necessary and appropriate steps to
ensure that the Custom Products are protected against unauthorized copying, reproduction
and marketing by or through the Contractor.
8.31.3 Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder
to another District agency. Nothing herein shall preclude the Contractor from otherwise
using the related or underlying general knowledge, skills, ideas, concepts, techniques and
experience developed under a project or work plan in the course of the Contractor’s
business.
8.31.4 Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a subcontractor
under the Contract, the Contractor shall use this clause, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or
the Contractor’s rights in that subcontractor data or computer software which is required
for the District.
8.31.5 Source Code Escrow
1. For all computer software furnished to the District with the rights specified in Section
8.31.2, the Contractor shall furnish to the District, a copy of the source code with such
rights of the scope as specified in Section 8.31.2 of this clause. For all computer software
furnished to the District with the restricted rights specified in Section 8.31.1 of this clause,
the District, if the Contractor either directly or through a successor or affiliate shall cease
to provide the maintenance or warranty services provided the District under the Contract
or any paid-up maintenance agreement, or if the Contr actor should be declared insolvent
by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use
only, a single copy of the current version of the source code supplied under the Contract,
and a single copy of the documentat ion associated therewith, upon payment to the person
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in control of the source code the reasonable cost of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in Section 8.31.1 of this clause offers the source code or source
code escrow to any other commercial customers, the Contractor shall either: (1) provide
the District with the source code for the Product; (2) place the source code in a third party
escrow arrangement with a designated escrow agent who shall be named and identified to
the District, and who shall be directed to release the dep osited source code in accordance
with a standard escrow arrangement acceptable to the District; or (3) will certify to the
District that the Product manufacturer/ developer has named the District as a named
beneficiary of an established escrow arrangement with its designated escrow agent who
shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with the terms of escrow.
3. The Contractor shall update the source code, as well as any corrections or enhancements
to the source code, for each new release of the Product in the same manner as provided
above, and certify such updating of escrow to the District in writing.
8.31.6 Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents
and employees acting within the scope of their official duties against any liability,
including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of
privacy, arising out of the publication, translation, reproduction, delivery, performance, use
or disposition of any data furnished under this Contract, or (ii) based upon any data
furnished under this Contract, or based upon libelous o r other unlawful matter contained
in such data.
8.31.7 All DGS data, information, documents, and similar material provided to the
Contractor for the purpose of performing the scope will remain the sole property of
DGS and will be destroyed or returned by the Contractor upon completion of services.
8.31.8 All Contractors’ specified deliverables to DGS will become DGS sole property
and will not be encumbered in their future use by any licensing or copyright by
the Contractor. The Contractor may maintain a copy of deliverables for internal
reference purposes.
8.31.9 The Contractor’s intellectual property related to delivery of services will remain
the Contractor’s property unless otherwise specified in this Contract or task order.
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ARTICLE 9
GOVERNMENTAL PROVISIONS
9.1 Buy American Act Provision . The Contractor shall comply with the provisions of the Buy
American Act (41 U.S.C. §§ 8301 –8305), including, but not limited to, the purchase of steel.
To the extent that the language in this section contradicts the language under Article 15 of the
Department Standard Contract Provisions for Architectural and Engineering Services
Contracts (Exhibit A) regarding compliance with the Buy American Act, the language in this
section should supersede.
9.1.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301 -8305), and Executive
Order 10582. December 17, 1954 (3 CFR, 1954 -58 Comp., p. 230), as amended by
Executive Order 11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the
Contractor agrees that only domestic construction material will be used by the
Contractor, subcontractors, material men and suppliers in the performance of the
Agreement, except for non-domestic material listed in the Agreement.
“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.
“Domestic end product”, as used in this section, means, (1) an unmanufactured end product
mined or produced in the United States, or (2) an end product manufactured in the United
States, if the cost of its components mined, produced, or manufactured in the United States,
exceeds 65 percent of the cost of all its components. For an end product that consists wholly
or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel
must constitute less than 5 percent of the cost of all the components used in the end product.
Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the United States is
considered domestic.
“End Products”, as used in this Section, means those articles, materials, and supplies to be
acquired for public use under this Contract.
The A/E shall specify only domestic end products, except those:
i. For use outside the United States;
ii. That the District determines are not mined, produced, or manufactured in the
Unites States in sufficient and reasonably available commercial quantities of a
satisfactory quality;
iii. For which the District determines that domestic preference would be inconsistent
with the public interest; or
iv. For which the District determines the cost to be unreasonable.
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9.1.2 Domestic Construction Material. “Construction material” means any article, material or
supply brought to the construction site for incorporation in the building or work. An
unmanufactured construction material is a “domestic construction material” if it has been
mined or produced in the United States. A manufactured construction material is a
“domestic construction material” if it has been manufactured in the United States and if the
cost of its components which have been mined, produced, or manufactured in the United
States exceeds 65 percent of the cost of all its components. “Component” means any article,
material, or supply directly incorporated in a construction material. If the construction
material consists wholly or predominantly of iron or steel, the iron or steel was produced
in the United States; or, for construction material that consists wholly or predominantly of
iron or steel or a combination of both, a constructi on material manufactured in the United
States if the cost of foreign iron and steel constitutes less than 5 perc ent of the cost of all
the components used in such construction material.
9.1.3 Domestic Component. A component shall be considered to have been “mined, produced,
or manufactured in the United States” regardless of its source, in fact, if the article, material
or supply in which it is incorporated was manufactured in the United States and the
component is of a class or kind determined by the Government to be not mined, produced
or manufactured in the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality.
9.1.4 Foreign Construction Material. ”Foreign construction material” means a construction
material other than a domestic construction material.
9.2 Laws and Regulations Incorporated by Reference. All federal and District of Columbia
laws and regulations, and all Department procedures now or hereafter in effect, whether or not
expressly provided for or referred to in the Contract, are incorporated by reference herein and
shall be binding upon the A/E and the Department. It shall be the responsibility of the A/E to
perform the Contract in conformance with the Department’s procurement regulations and all
statutes, laws, codes, ordinances, regulations, rules, requirements, and orders of governmental
bodies, including, without limitation, the U.S. Government and the District of Columbia
government; and it is the sole responsibility of the A/E to determine the procurement
regulations, statutes, laws, codes, ordinances, regulations, rules, requirements, and orders that
apply and their effect on the A/E ’s obligations thereunder. However, if the application of a
future law or regulation requires the A/E to undertake additional work that is materially
different in scope than that presently contemplated or required, the A/E shall be entitled to an
equitable adjustment for such additional work.
9.3 Retention of Records: Inspections and Audits. The A /E shall maintain books, records,
documents and other evidence directly pertinent to performance under the Agreement in
accordance with generally accepted professional practice and appropriate accounting
procedures and practices consistently applied in effec t on the date of execution of the
Agreement.
9.3.1 The A/E shall also maintain the financial information and data used in the preparation and
support of the costing and cost summary submitted to the Department and the required cost
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submissions in effect on the date of execution of the Department.
9.3.2 The Department, the District of Columbia government, the Comptroller General of the
United States, the U.S. Department of Labor and any of their authorized representatives
shall have access to the books, records, documents and other evidence held, owned or
maintained by the A /E for the purpose of inspection, audit and copying during normal
business hours and upon advance written notice to the A/E. The A/E shall provide proper
facilities for such access and inspection.
9.3.3 The A/E agrees to include the wording of this Section 9.3 in all its subcontracts in excess
of five thousand dollars ($5,000.00) that directly relate to Project performance.
9.3.4 Audits conducted pursuant to this Section will be in accordance with generally accepted
auditing standards with the results prepared in accordance with generally accepted
accounting principles and established procedures and guidelines of the applicable
reviewing or audit agency.
9.3.5 The A/E agrees to the disclosure of all information and reports, resulting from access to
records, to any authorized representative of the Department. Where the audit concerns the
A/E, the auditing agency will afford the A /E an opportunity for an audit exit conference
and an opportunity to comment on the pertinent portions of the draft audit report. The final
audit report will include the written comments, if any, of the audited parties.
9.3.6 The A/E shall preserve all records described herein from the effective date of the
Agreement completion and for a period of seven (7) years after a final settlement. In
addition, those records which relate to any dispute, appeal or litigation, or the settlement
of claims arising out of such performance, or costs or items to which an audit exception
has been taken, shall be maintained and made available until seven (7) years after the date
of resolution of such dispute, appeal, litigation, claim or exception.
9.4 Gratuities and Owners Not to Benefit Provisions. If it is found, after notice and hearing,
by the Department that gratuities (in the form of entertainment, gifts, payment, offers of
employment or otherwise) were offered or given by the A/E, or any agent or representative of
the A/E, to any official, employee or agent of the Department or the District with a view toward
securing the Agreement or any other contract or securing favorable treatment with respect to
the awarding or amending, or the making of any determinations with respect to the
performance of the Contract, the Department may, by written notice to the A/E, terminate the
right of the A/E to proceed under the Agreement and may pursue such other rights and remedies
provided by law and under the Contract.
9.4.1 In the event the Agreement is terminated as provided in Section 9.4, the Department shall
be entitled:
9.4.1.1 to pursue the same remedies against the A/E as it could pursue in the event of a breach of
the Agreement by the A/E; and
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9.4.1.2 as a penalty in addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount (as determined by the Department) which shall be not
less than ten times the costs incurred by the A /E in providing any such gratuities to any
such Department or employee.
9.4.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor contractor
nor employee of the District, nor contractor nor employee of the Department shall be
admitted to any share or part of the Agreement or to any benefit that may arise therefrom,
and all agreements entered into by the Contracting Office of the Department in which he
or any contractor or employee of the Department shall be personally interested as well as
all agreements made by the Department in which the Mayor or City Council Member or
contractor or employee of the District shall be personally interested shall be void and no
payments shall be made on any such contracts by the Department or by any contractor
thereof; but this provision shall not be construed or extend to the agreement if the share of
or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or
contractor or employee of the District is de Minimis.
9.5 Ethical Standards For Department's Employees And Former Employees . The
Department expects the A /E to observe the highest ethical standards and to comply with all
applicable law, rules, and regulations governing ethical conduct or conflicts of interest.
Neither the A/E, nor any person associated with the A/E, shall provide (or seek reimbursement
for) any gift, gratuity, favor, entertainment, loan or other thing of value to any employee of the
District or the Department not in conformity with applicable law, rules or regulations. The
A/E shall not engage the services of any person or persons in the employment of the
Department or the District for any Work required, contemplated or performed under the
Contract. The A/E may not assign to any former contractor or District employee or agent who
has joined the A/E's firm any matter on which the former employee, while employed by the
Department, had material or substantial involvement in the matter. The A /E may request a
waiver to permit the assignment of such matters to former Department personnel on a case-by-
case basis. The A/E shall include in every subcontract a provision substantially similar to this
section so that such provisions shall be binding upon each A/E or vendor.
9.6 Anti-Deficiency Act. The obligations of the Department to fulfill financial obligations
pursuant to this Agreement, or any subsequent agreement entered into pursuant to this
Agreement or referenced herein (to which the Department is a party), are and shall remain
subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-
1351, 1511-1519 (2004) (the “Federal ADA”), and D.C. Official Code §§ 1-206.03(e) and 47-
105 (2001); (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01
– 355.08 (2004 Supp.) (the “D.C. ADA” and (i) and (ii) collectively, as amended from time to
time, the “ Anti-Deficiency Acts”); and (iii) Section 446 of the District of Columbia Home
Rule Act, D.C. Official Code § 1-204.46 (2001). Pursuant to the Anti-Deficiency Acts, nothing
in this Agreement shall create an obligation of the Department in anticipation of an
appropriation by Congress for such purpose, and the Department’s legal liability for payments
and other charges under this Agreement shall not arise or obtain in advance of the lawful
availability of appropriated funds for the applicable fiscal year as approved by Congress.
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9.6.1 The Department agrees to exercise all lawful authority available to it to satisfy the financial
obligations of the Department that may arise under this Agreement. During the term of this
Agreement, the Mayor of the District of Columbia or other appropriate official shall, for
each fiscal period, include in the budget application submitted to the Council of the District
of Columbia the amount necessary to fund the Department’s known potential financial
obligations under this Agreement for such fiscal period. In the event that a request for such
appropriations is excluded from the budget approved by the Council and submitted to
Congress by the President for the applicable fiscal year or if no appropriation is made by
Congress to pay any amounts due under this Agreement for any period after the fiscal year
for which appropriations have been made, and in the event appropriated funds for such
purposes are not otherwise lawfully available, the Department will not be liable to make
any payment under this Agreement upon the expiration of any then-existing appropriation,
the Department shall promptly notify the A/E, and this Agreement shall immediately
terminate upon the expiration of any then-existing appropriation.
9.6.2 Notwithstanding the foregoing, no officer, employee, director, member or other natural
person or agent of the District or Department shall have any personal liability in connection
with the breach of the provisions of this Section or in the event of non -payment by the
Department under this Agreement.
9.6.3 This Agreement shall not constitute an indebtedness of the District and/or the Department
nor shall it constitute an obligation for which the Department is obligated to levy or pledge
any form of taxation or for which the District has levied or pledged any form of taxation.
No District of Columbia Official or employee is authorized to obligate or expend any
amount under this Agreement unless such amount has been appropriated by Act of
Congress and is lawfully available.
9.7 Tax Exemption Provision. Any tax exemptions applicable to the District of Columbia,
including the gross receipts sales tax exemption for the sale of tangible personal property to
the District, codified in D.C. Code § 47-2005, shall apply to the performance of the Contract.
9.8 Covenant Against Contingent Fees Provisions. The A/E warrants that no person or selling
agency has been employed or retained to solicit or secure the Contract upon an agreement or
understanding for a Commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the A/E for
the purpose of securing business. For breach or violation of this warranty, the Department shall
have the right to terminate the Contract without liability or in its discretion to deduct from the
contract price or consideration, or otherwise recover, the full amount of the Department,
percentage, brokerage of contingent fee.
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ARTICLE 10
TERMINATION OR SUSPENSION
10.1Any terminations or suspensions arising out of or under this Agreement shall be governed
by the terms of the Standard Contract Provisions for A&E Services Contracts, Article 8
(Exhibit A).
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ARTICLE 11
EXHIBITS
Contract Exhibits are available at
Exhibit A - Standard Contract Provisions for A&E Services Contracts
Exhibit B – Service Contract Act Provision
Exhibit C – Living Wage
Exhibit D – Equal Employment Opportunity
Exhibit E – Key Personnel
Exhibit F – Project Schedule
Exhibit G – Subcontracting Plan
Exhibit H – First Source Employment Agreement
Exhibit I – Campaign Finance Reform Act Self-Certification Form
Exhibit J – National BIM Guide
Exhibit K – 3200 Benning Rd NE Vicinity Wetland Map
Exhibit L - Letter to DPW Final Jan 2024
Exhibit M - Alterations and Repairs Benning Road Solid Waste Transfer Station
Exhibit N – VMDO’s Technical Proposal
Exhibit O1 – VMDO’s Price Proposal
Exhibit O2 – VMDO’s Best and Final Offer
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ARTICLE 12
OTHER CONDITIONS AND SERVICES
12.1 General Conditions. To the extent that this Agreement is silent on an action or
requirement of the A/E, and current as of the date of this Agreement, the Department’s Standard
Contract Provisions for A&E Services Contracts ( Exhibit A) shall govern the A/E’s obligations
with respect to such action or requirement under this Agreement.
IN WITNESS WHEREOF , the Parties’ duly authorized representatives have executed this
Agreement (DCAM-25-AE-RFP-0001) as of the dates written below.
DEPARTMENT OF GENERAL SERVICES, VMDO DC ARCHITECTS, PLLC
an agency within the executive branch of the
Government of the District of Columbia
By: By:
Name: James H. Marshall Name:
Title: Contracting Officer Title:
Date: Date: