Proposed Contract No. DCAM-23-CS-RFP-0029 with KADCON Corporation

MURIEL BOWSER
MAYOR
June 23, 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
proposed Modification No. 1 to Contract No. DCAM-23-CS-RFP-0029 with KADCON
Corporation. lfapproved, Modification No. 1 will increase the contract's not-to-exceed amount by
$15,659,566, from $3,062,916 to $18,722,482.
The underlying contract was deemed approved by the Council on May 16, 2025, as CA26-0154,
as an early start agreement to complete a preliminary scope of work including design development,
permitting, and pre-construction planning for the modernization of Upshur Recreation Center.
Under proposed Modification No. 1, KADCON Corporation will provide the design-build services
necessary to complete the modernization of Upshur Recreation Center. The substantial completion
date for the project is August 3, 2027.
My administration is available to discuss any questions you may have regarding the proposed
contract modification. In order to facilitate a response to any questions you may have, please
contact Delano Hunter, Director, Department of General Services ("DGS "), or have your staff
contact 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 modification.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

1

Pursuant to Section 202(c-1) 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
Contract

Proposed Modification No. 1 for Design-Build Services for Upshur Recreation Center
Modernization

(A) Contract Number: DCAM-23-CS-RFP-0029 (the “Contract”)

Proposed Contractor: KADCON Corporation (the “Contractor”)

Contract Amount: $18,722,482.00 (Final Guaranteed Maximum Price
(“GMP”), which includes $3,062,916.00 under the
Early Start Agreement (“ESA”), $950,000.00 under
the Letter Contract, and $15,659,566.00 proposed
increase for the GMP)

Proposed Modification No. 1: $15,659,566.00

Total Proposed Contract Amount: $18,722,482.00
(“GMP”)

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

Term of Contract: July 11, 2024 (date of execution of the Letter
Contract by the Department) through August 3, 2027
(Substantial Completion Date ), with a n
Administrative Term Date of November 3, 2027.

Type of Contract: Cost-plus fixed fee with Guaranteed Maximum
Price (“GMP”).

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

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

Not applicable.

2

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

A letter contract with the Contractor was executed by the Department of General Services (the
“Department”) on July 11, 2024 (the “Letter Contract”).

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

The project consists of the design and construction of a modern, all‑inclusive recreation facility to
support the Department of Parks and Recreation’s (“DPR”) programmatic needs at the Upshur
Recreation Center (the “Project”) . The existing facility is situated on rolling green space and
currently includes a baseball/multi‑use athletic field, two outdoor basketball courts, a playground
with shaded seating areas, a dog park, and a seasonal outdoor swimming pool. Indoors, the center
provides a computer lab, kitchen, and multi‑purpose room, and hosts a range of recreational
programs including outdoor sports, after‑school activities, and summer camps.

KADCON Corporation (the “Contractor” or “Design‑Builder ”) shall provide all design,
permitting, and construction services necessary to deliver a fully functional, turn‑key Project. This
includes temporary utilities, coordination of public art installation, procurement and installation of
furniture, fixtures, and equipment (“FF&E”), and move‑in logistical support. The completed
facility shall be fully operational and ready for use on or before the Substantial Completion Date
and within the approved Project Budget.

A Not‑to‑Exceed (“NTE”) amount of $3,062,916.00 was previously authorized under an early start
agreement (“ESA”), enabling the Contractor to advance design development, permitting, and
pre‑construction efforts without interruption. This amount included the remaining balance beyond
the initial $950,000.00 authorized under the letter contract and ensured completion of the design
and associated requirements necessary to prepare the Guaranteed Maximum Price (“GMP”)
proposal.

The proposed Modification No. 1 in the amount of $15,659,566.00 will establish the GMP, which
sufficiently defines the full scope, performance criteria, and District requirements. Approval of
this modification would authorize the Contractor to proceed with the remaining portion of the
Work.

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

(E) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
The underlying Contract was competitively bid and previously submitted to and approved by the
Council as (CA26-0154) on May 16, 2025, with an NTE amount of $3,062,916.00.

(F) 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:

3

The award of the Contract was not protested.

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

The Contractor holds the following contract with the District:

1. Design-Build at Duke Ellington Field Houses and Track- Phase II;
2. Construction Services For The MPD Museum At Marion Barry Jr. Building;
3. Military Road Early Learning Center Playground; and
4. Design-Build Services for DPR Basketball and Tennis Court Improvements – Multiple
Locations.

The Contractor is seeking the following contract with the District:

1. Ramer Middle School Auditorium Upgrades; and
2. Design-Build Services for Anacostia Pool Replacement.

(H) 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 a Certified Business Enterprise (“CBE”) In the District of Columbia with
decades of experience throughout the region. The Contractor has spearheaded numerous projects
in collaboration with esteemed entities such as DGS, DPR, District of Columbia Housing
Authority (“DCHA”), and District of Columbia Public Schools ( “DCPS”). The Contractor ’s
diverse portfolio includes school developments, parks and recreation center construction, and the
rejuvenation of athletic field surfaces. Additionally, the Contractor excels in housing apartment
renovations, contributing significantly to enhancing community living spaces.

The Contractor has successfully gained experience with project’s modernization, renovation, and
new construction across Washington, DC, including:

1. St. Elizabeths East Gateway Pavilion, Washington, DC; and
2. Ballou Senior High School, Washington, DC.

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

(I) 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:

4

The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSDX95309072027). Pursuant to D.C. Official Code § 2-218.46 (d-1), the Contractor shall submit
a detailed subcontracting plan to DSLBD that meets the requirements of D.C. Official Code § 2-
218.46(d), before entering into a guaranteed maximum price.

Contract’s NTE Dollar Value: $18,722,482.00
Contractor Self-Performing Amount: $2,433,922.66
Total Available for Subcontracting: $16,288,559.34
Subcontracting Requirement %: $35% of the total available for subcontracting
Subcontracting Plan Required Dollar Value: $5,700,995.77
Subcontracting Plan Actual Dollar Value: $9,063,397.00

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

The Contractor will be required to program, fully design and construct an all -inclusive recreation
center by modernizing and expanding the existing Upshur Aquatic Center and associated park that
can be accomplished within the approved project budget based on the 100% finalized Construction
Documents. The programming, design, construction, modification, revitalization, and renovations
will include but are not limited to the recreation center, overall Project landscaping, site
furnishings, amenities, signage, hardscaping, and all improvements to comply with American
Disabilities Act. The Contractor shall substantially complete the project no later than August 3,
2027. The Contractor’s performance will be monitored by DGS staff and DGS’ designated
Program Manager. Additionally, the Contractor must adhere to the terms and conditions of the
Standard Contract Provisions for Construction Contracts.

(K) 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:

None.

(L) 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 Modification No. 1
amount is consistent with the Department’s budget and that adequate funds are available in the
Department’s budget in accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02. The
applicable Fiscal Sufficiency certification accompanies this Council Package.

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

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

(N) 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

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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.

(O) 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.

(P) 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’s website, the Contractor is a certified Local Business Enterprise,
Disadvantaged Business Enterprise, Longtime Resident Business, and Small Business Enterprise.
The Contractor’s CBE Number is LSDX95309072027, with an expiration date of July 9, 2027.

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

N/A

(R) 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 and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.

(S) 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):

N/A

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

Contract award information is available on the Department’s website. Copies of contract
documents will be made available on the Department’s website, if approved.

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

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

(V) (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.
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Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
Memorandum

To: Delano Hunter
Director, Department of General Services

From: Antoinette Hudson Beckham
Agency Fiscal Officer

Reference: Modification No.1 to Contract No. ( DCAM-23-CS-RFP-0029) Design-Build
Services for Upshur Recreation Center Modernization

Date: June 05, 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 Design-Build Services for Upshur Recreation Center Modernization (DCAM-
23-CS-RFP-0029) (the “Contract”) with KADCON Corporation (the “Contractor”), in the amount of
$18,722,482.00 is consistent with the Department’s current budget and that adequate funds are
available in the budget for the expenditure.

Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on May 16, 2025, as CA26-0154, executed by the
Department on May 28, 2025, and with the Not to Exceed (“NTE”) amount of $3, 062,916.00, as an
Early Start Agreement (“ESA”) No.1, inclusive of the initial NTE amount of $950,000.00, under the
Letter Contract. C&P further states, the proposed Modification No.1, if approved, in the amount of
$15,659,566.00, would increase the Contract’s NTE, establish the final Guaranteed Maximum Price
(“GMP”), in the amount of $18,722,482.00 ($3,062,916.00 + $15,659,566.00) and would authorize the
Contractor to proceed with the remaining portion of the work. As the proposed amount of the
Modification is $1 million or more, Council approval is required for this Contract action.

While funding in the amount of $15,659,566.00 is being approved for capital-eligible items only, there
is an ineligible amount of $ 548,300.00, listed in Exhibit G. See the ineligible items column. These
items are ineligible for capital expenditure, per the District Guidelines. The goods/services are needed
in FY2027. There should be no purchases, commitments, or expenditures for these items, until
operating funds are available, via a purchase order for the same amount. In no event shall the Contractor
be entitled to perform any work against these items unless authorized in advance and in writing by a
duly authorized DGS Contracting Officer through a modification of the contract. Unless and until such
modification is executed by a duly authorized DGS Contracting Officer, the Contractor will be limited
to capital-funded purchase orders (“POs”) in the amount of $15,111,266.00 for the capital-eligible work
authorized by this contract modification. For the avoidance of confusion, if the Contractor performs
any work with the ineligible items in the amount of $548,300.00, as outlined in Exhibit G, without
express written authorization by a duly authorized DGS Contracting Officer, the Contractor does so at
its own risk.

The Department of General Services (DGS –Implementing AGY) has $18,722,482.00 in the
Department of Parks and Recreation (DPR–Owner AGY) capital budget authority balance.

The PASS/DIFS information is below/attached:

Project Number/
Name
Subtask AY Fund Detail Imp. AGY Owner
AGY
RK/PO Amount Comments
100181 -
AM0.QN637C.UPS
HUR RECREATION
CENTER
04.01 -
(QN63D.95101.
UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 PO710293 $950,000.00

Letter Contract
100181 -
AM0.QN637C.UPS
HUR RECREATION
CENTER
04.01 -
(QN63D.95101.
UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 PO725936 $2,112,916.00
Definitive Contract
for Early Start
Agreement (“ESA”)
No. 1
100181 -
AM0.QN637C.UPS
HUR RECREATION
CENTER
04.01 -
(QN63D.95101.
UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 RK328345 $15,111,266.00
Proposed
Modification No.1 –
Final GMP –
Capital Eligible
Items
100181 -
AM0.QN637C.UPS
HUR RECREATION
CENTER
04.01 -
(QN63D.95101.
UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 RK328346 $548,300.00
Proposed
Modification No.1
Final GMP-
Ineligible Items(A
reverse capital
paygo to operating
repro will be
submitted for
approval in FY2027
to fund this portion)
Total $18,722,482.00

_______________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Shaley Williams
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Modification No. 1 to the Design-Build Services for Upshur Recreation
Center Modernization

Contract Number: DCAM-23-CS-RFP-0029
Contractor: KADCON Corporation

DATE: June 8, 2025

This is to certify that this Office has reviewed the above-referenced proposed Modification No. 1
and has found it to be legally sufficient, subject to submission of: (i) any required materials and
Council approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.

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

_______________________
Shaley Williams
Senior Assistant General Counsel

3924 Minnesota Ave, NE, Washington, DC 20019 | Telephone (202) 727-2800 | F a x (202) 727-7283

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4. Administrative Term Date: The Administrative Term Date is hereby extended to November 3, 2027.
2. Substantial Completion Date: The Substantial Completion Date is hereby extended to August 3, 2027.
3. Final Completion Date: The Final Completion Date is hereby extended to September 3, 2027.
12. Accounting and Appropriation Data (If Required)
1
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT: Contractor is not, is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
D. Other (Specify type of modification and authority) Title 27 D CMR Section 4728 and Contract No. DCAM-23-CS-RFP-0029
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.
copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
solicitation and this amendment, and is received prior to the opening hour and date specified.
15B. KADCON Corporation 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
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16A. Name of Contracting Officer
Riad Kadissi, Chairman Suzi Tabot
C. This supplemental agreement is entered into pursuant to authority of:
Contract No. DCAM-23-CS-RFP-0029 - Design-Build Services for Upshur Recreation Center Modernization is hereby modified as follows:
6. Terms & Conditions: All other Terms and Conditions remain unchanged.
5. Release. It is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases, waives, settles and holds the
Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional cost, contract
extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department
arising from or out of, as a consequences or result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract
Work.
1. Guaranteed Maximum Price: The Contractor and the Department acknowledge that the Construction Documents have been completed at the 100% design
level and have received formal approval from the Department of Buildings. As of the date hereof, all required Drawings and Specifications have been finalized,
submitted, and permitted. As a result, the Contractor has established the Guaranteed Maximum Price ("GMP”) of $18,722,482.00; as detailed in the GMP
Amendment (Attachment A). Accordingly, the Not-to-Exceed ("NTE") amount of the Contract is hereby increased by $15,659,566.00 from $3,062,916.00 to
$18,722,482.00.
While funding in the amount of $15,659,566.00 is being approved for capital-eligible items only, there is an ineligible amount of $548,300.00, listed in Exhibit G.
See the ineligible items column. These items are ineligible for capital expenditure, per the District Guidelines. The goods/services are needed in FY2027. There
should be no purchases, commitments, or expenditures for these items, until operating funds are available, via a purchase order for the same amount. In no event
shall the Contractor be entitled to perform any work against these items unless authorized in advance and in writing by a duly authorized DGS Contracting Officer
through a modification of the contract. Unless and until such modification is executed by a duly authorized DGS Contracting Officer, the Contractor will be
limited to capital-funded purchase orders (“POs”) in the amount of $15,111,266.00 for the capital-eligible work authorized by this contract modification. For the
avoidance of confusion, if the Contractor performs any work with the ineligible items in the amount of $548,300.00, as outlined in Exhibit G, without express
written authorization by a duly authorized DGS Contracting Officer, the Contractor does so at its own risk.
W
ashington, DC 20007
A
ttn: Riad Kadissi
10B. Dated (See Item 13)
May 28, 2025
Email: rkadissi@kadcon.com
(Signature of person authorized to sign) (Signature of Contracting Officer)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
following methods: (a) By completing Items 8 and 15, and returning 1
1. Contract Number
MODIFICATION OF CONTRACT
Page of Pages
DCAM-23-CS-RFP-0029 12
7. Administered By (If other than line 6)
Depart
ment of General Services Depart
ment of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Captio n
Modification No. 1 See Block 16C
PR-017287
RK328345
RK328346
Design-Build Services for
Upshur Recreation Center Modernization
2. Modification Number
Contracts and Procurement Division Capital Construction Services Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
D
CAM-23-CS-RFP-0029
9B. Dated (See Item 11)
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10A. Modification of Contract/Order No.
Contract POC: arad.rahimi (ar ad.rahimi@dc.gov)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
K
ADCON Corporation
1053 31st Street NW
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6/9/2026 | 7:45 AM PDT
(Continuation)
Page of Pages
17. Contract Recap:
$950,000.00
$0.00
$0.00
$0.00
Early Start Agreement ("ESA") No. 1 $3,062,916.00
$15,659,566.00
$18,722,482.00
Modification No. 1 Cost Modification (Final GMP)
Guaranteed Maximum Price
Definitive Contract:
Executed on May 28, 2025
Modification No.
2 of 2Modification No. 1DCAM-23-CS-RFP-0029
Contract No.
Letter Contract Executed on July 11, 2024
Administrative - No-Cost Time ExtensionModification No. 1
Modification No. 2
Modification No. 3 Administrative - No-Cost Time Extension
Administrative - No-Cost Time Extension
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ATTACHMENT A

GMP AMMENDMENT

(ATTACHMENT WILL APPEAR ON THE FOLLOWING PAGE)
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GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD SERVICES FOR UPSHUR RECREATION CENTER
MODERNIZATION

THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is entered into
by and between the DISTRICT OF COLUMBIA GOVERNMENT, acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department”) and KADCON
CORPORATION (the “Design -Builder”) pursuant to the Agreement, dated May 28, 2025,
between the District of Columbia government, by and through the Department and the Design-
Builder, for Design-Build Services for Upshur Recreation Center Modernization and to establish
a Guaranteed Maximum Price and Contract Time for the Work as set forth below.
ARTICLE I GUARANTEED MAXIMUM PRICE

Section 1.1 Guaranteed Maximum Price. Subject to additions and deductions which
may be made only in accordance with the Agreement, the Design-Builder represents, warrants
and guarantees to the Department that the total maximum cost to be paid by the Department for
Design Builder’s complete performance under the Agreement, including, but not limited to,
Final Completion of all Work, all services of Design-Builder under the Agreement, and
all fees, compensation and reimbursements to Design-Builder, shall not exceed the total
amount of Eighteen Million, Seven Hundred Twenty -Two Thousand, Four Hundred and
Eighty-Two Dollars ($18,722,482.00) ("Guaranteed Maximum Price"). The GMP includes
capital ineligible items per Section 1.8 of this GMP Amendment and Exhibit G in the amount
of $548,300.00. Costs which would cause the Guaranteed Maximum Price (as may be adjusted
pursuant to the Contract Documents) to be exceeded shall be paid by the Design-Builder
without reimbursement by the Department.

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

1.2.1 the Cost of the Work for full and complete performance of the Work in
strict accordance with the Contract Documents;
1.2.2 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in
the amount of $641,816.00;
1.2.3 a Lump Sum General Conditions, as defined in the Agreement, in the amount of
$1,043,740.00;
1.2.4 a Design Fee in the amount of $1,319,400.00; and
1.2.5 The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibits A-G attached hereto.

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

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

1.3.3 Exhibit B: A list of Allowances.

1.3.4 Exhibit C: Assumptions and Clarifications made in preparing the Guaranteed
Maximum Price, noting in particular any exclusions. The Assumptions and Clarifications shall
take precedence over the Drawings and Specifications but shall be subordinate to the Agreement
and the terms of this Amendment.

1.3.5 Exhibit D: The proposed Guaranteed Maximum Price, including a statement of
the detailed cost estimate organized by trade categories, allowances, Contingency, and other
items and the fee that comprise the Guaranteed Maximum Price.

1.3.6 Exhibit E: A Construction Phase Schedule which shall include, but not be
limited to, the Substantial and Final Completion Dates, upon which the proposed Guaranteed
Maximum Price is based, and a schedule of the Construction Documents issuance dates upon
which the Substantial and Final Completion Dates are based (the “Project Schedule”).

1.3.7 Exhibit F: An LSDBE Utilization Plan setting forth the names and estimated
dollar volume of the work that will be perform by small, local and disadvantaged business
enterprises, as certified by the Department of Small and Local Business Development, upon
which the GMP is based.

1.3.8 Exhibit G: A summary of Capital Cost vs Operating Cost Eligibility.

Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the
Department acknowledge that the Drawings and Specifications are complete and, as of the date
hereof, that such Drawings and Specifications have reached the level of 100% complete permit
set documents. The Design-Builder, however, has been actively involved in the design process
and hereby represents that it has a sufficient understanding of the Project to agree to a GMP to
Fully Complete the Project. The Design -Builder hereby acknowledges that the GMP Basis
Project Documents provides sufficient detail and information to provide a firm GMP and that
the GMP proposed therein is intended to represent the Design-Builder’s offer to Fully Complete
the Project. The Design -Builder and the Department agree to work together to complete the
Drawings and Specifications as provided in this Agreement, consistent with the GMP premises
and assumptions and Project Schedule.

Section 1.5 Design Intent; Inferable Work. Design-Builder agrees that the Guaranteed
Maximum Price is based on the current state of the design, which represents 100 % complete
permit set documents . The GMP Basis Documents will include various clarifications and
assumptions that are intended to further define the scope of Work that will be required to
complete design. The Design-Builder has included within the Guaranteed Maximum Price
sufficient amounts to cover aspects of the Work that are not shown on the GMP Basis
Documents. If the Department does not approve any such scope increase, the Design-Builder
shall cause the Architect to develop a design that is consistent with the original design intent and
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shall complete the Work for an amount that does not exceed the GMP.

Section 1.6 Cost Overruns. Subject to additions or deductions which may be made
in accordance with the Agreement, the Design-Builder shall be solely liable and responsible for
and shall pay any and all costs, fees and other expenditures in excess of the Guaranteed
Maximum Price for and/or relating to the Work, without entitlement to reimbursement from the
Department. Design-Builder shall not be entitled to any fee, payment, compensation or
reimbursement under this Agreement or relating to the Work or Project other than as
expressly provided in the Agreement.

Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit Price
Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted in
the Guaranteed Maximum Price ("Allowance Items"). The only Allowance Items shall be
those specifically identified as such in the Schedule of Values and in the Guaranteed Maximum
Price. The Allowance Amounts represent all Costs of the Work of the Allowance Items,
including, without limitation, costs of materials, labor, handling, transportation, loading and
unloading and installation, as determined by Design-Builder.

Section 1.8 Capital Eligibility . While a total amount of $15,659,566.00 is being
approved for capital-eligible items for Modification No. 1 only, there is an ineligible amount of
$548,300.00, listed in Exhibit G. See the ineligible items column. These items are ineligible for
capital expenditure, per the District Guidelines. The goods/services are needed in FY2027. There
should be no purchases, commitments, or expenditures for these items until operating funds are
available, via a purchase order for the same amount. In no event shall the Contractor be entitled
to perform any work against these items unless authorized in advance and in writing b y a duly
authorized DGS Contracting Officer through a modification of the contract. Unless and until
such modification is executed by a duly authorized DGS Contracting Officer, the Contractor
will be limited to capital -funded purchase orders (“POs”) in the amount of $15,111,266.00 for
the capital -eligible work authorized by this contract modification. For the avoidance of
confusion, if the Contractor performs any work with the ineligible items in the amount of
$548,300.00, as outlined in Exhibit G, without express written authorization by a duly
authorized DGS Contracting Officer, the Contractor does so at its own risk.

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ARTICLE 2

INTENT, INTERPRETATION AND CORRELATION

Section 2.1 Intent of the Agreement . The intent of the Agreement is for the Design-
Builder to perform and supply, and the Department hereby engages Design-Builder to and Design
Builder hereby agrees to perform and supply, the Work, including all necessary design services,
scheduling, procurement, supervision, construction, and construction management services and
supply all necessary labor, materials, equipment and related work and services necessary to fully
complete the Work and obtain the intended results of the Contract Documents, including, but
not limited to the requirements of the Project Schedule and the Guaranteed Maximum Price
requirements set forth in Article 1 above. The enumeration of particular items in the Specifications
and/or Drawings shall not be construed to exclude other items. The Contract Documents
are complementary, and what is required by any one of the Contract Documents (including
either a Drawing or Specification) as being necessary to produce the intended results shall be
binding and required as a part of the Work as if required by all Contract Documents.

Section 2.2 Design-Builder’s Compliance with Contract Documents. Design-Builder
agrees, accepts and assumes that the Department's decision will require implementation of the
most stringent requirements among any conflicting provisions of the Contract Documents as
being part of the Work. The Design-Builder agrees to be b ound by all decisions by the
Department to implement the most stringent of any conflicting requirements within the Contract
Documents. Any failure by Design-Builder to seek such clarifications shall in no way limit the
Department's ability to require implementation, including replacement of installed Work at a later
date at Design Builder's sole expense, to achieve compliance with the more stringent
requirements. Without limiting the generality of the foregoing, the Design-Builder hereby agrees
as follows:

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

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

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

2.2.4 Detail drawings shall take precedence over scale drawings, and figured dimensions
on the Drawings shall govern the setting out of the Work.
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2.2.5 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to
the Effective Date.

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

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

ARTICLE 3
[INTENTIONALLY OMITTED]
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ARTICLE 4
OTHER PROVISIONS
Section 4.1 Design-Builder’s Responsibilities. The Design-Builder also expressly
acknowledges that this Project and the Work will proceed on a "fast-track" method of construction,
i.e., construction will commence without final Drawings and Specifications in place. More
specifically, while Drawings and Specifications are complete for certain portions of Work,
the design process will continue for other portions during construction based on the
Guaranteed Maximum Price premises and assumptions. The Design-Builder has been, and will
continue to be, an active participant in the design process. Given such participation, the Design-
Builder represents that it is familiar with the scope and quality of those aspects of the Project
that have not yet been fully designed, and has taken such scope and quality matters into
consideration in preparing each component of the Guaranteed Maximum Price. The Design-
Builder agrees to work with the Department in managing the construction and design work
to complete the design process. The Design-Builder shall manage the Project, including
coordinating redesign or Value Engineering necessary or advisable for certain aspects of the
Project at any stage of the design process in order to bring the cost of such Work within or
below, but not in excess of, the respective allowances or the budgeted or allocated amounts for
other items contained in the Guaranteed Maximum Price. Once the Drawings and Specifications
are complete, it is recognized by the Design-Builder and the Department that the scope of the
Guaranteed Maximum Price may include Work not expressly indicated on the Contract
Documents, but which is reasonably inferable from the Contract Documents, and such Work
shall be performed without any increase in the Guaranteed Maximum Price or extension of
Contract Time, except if and to the extent otherwise expressly provided in this Agreement.

ARTICLE 5
MISCELLANEOUS PROVISIONS

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

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

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

Section 5.4 Construction. This Agreement shall be construed fairly as to all parties and
not in favor of or against any party, regardless of which party prepared the Agreement.
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IN WITNESS WHEREOF, each of the parties to this Amendment to Agreement
(DCAM-23-CS-RFP-0037) has caused it to be executed by its duly authorized representative on
the dates set forth below.

DISTRICT OF COLUMBIA GOVERNMENT, by and through its DEPARTMENT
OF GENERAL SERVICES
By:
Name:
Title:
Date:
KADCON CORPORATION
By:
Name:
Its:
Date:

Docusign Envelope ID: 130BFA38-2F2A-8712-812D-592E58B55DB1
Chairman
6/9/2026 | 7:45 AM PDT
Riad Kadissi

EXHIBITS A TO G

(Click the link below)

Upshur Recreation Center Modernization Exhibits

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