Attachment_M_-_FOC-DCAM26CSRFP0011_Hendley_ES.pdf

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DESIGN-BUILD AGREEMENT

FOR

HENDLEY ELEMENTARY SCHOOL MODERNIZATION

BY AND BETWEEN

THE DEPARTMENT OF GENERAL SERVICES

AND

[NAME OF CONTRACTOR]

CONTRACT NUMBER: DCAM-26-CS-RFP-0011

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PROJECT INFORMATION

A. PROJECT SUMMARY

1.

Project Name:

Design-Build Services for Hendley ES

Modernization

2.

Project Address:

425 Chesapeake Street SE, Washington, DC 20032

3.

Agreement Type:

Design-Build with Guaranteed Maximum

Price

4.

Client Agency:

District of Columbia Public Schools

(“DCPS” or “Client Agency”)

5.

Design-Builder: [INSERT DESIGN-BUILDER]

6.

Agreement Amounts:

i.

Initial NTE: [INSERT NTE AMOUNT] ii.

Project Budget: $76,600,000.00

7.

Design-Builder Compensation:

i. Design Fee (including

Construction Administration):

ii.

Design-Build Fee:

a. Base Design-Build Fee: (70% of

Design-Build Fee)

b. At-Risk Design-Build Fee: (30% of Design-Build Fee)

iii. Lump Sum General Conditions

Cost:

iv.

Allowances:

Permit Allowance, $800,000.00;

Public Art Allowance, $500,000.00;

Utility Allowance, $400,000.00;

Exploratory Existing Building and Site

Investigation Allowance, $300,000.00.

v. Preconstruction Fee (15% of the

Base Design-Build Fee) vi.

Contingency: To be determined at GMP

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8.

Liquidated Damages: $2,500.00 per day

9. Disincentive Fee for Failure to

Timely Submit Deliverables:

$7,500.00 plus $500.00 per day

10. GMP Basis Project Documents

Submission Date:

11.

Substantial Completion Date: July 15, 2030

12.

Final Completion Date: January 17, 2031

13. Administrative Term Expiration

Date:

December 12, 2031

14.

Letter Contract:(if applicable) a.

Period of Performance

From [INSERT] (date of execution of

Letter Contract) through [INSERT] (end date of Letter Contract).

b.

NTE Amount:

[INSERT LETTER CONTRACT NTE

AMOUNT]

15.

GMP Basis Project Documents

100% Design Development

Documents

16.

Key Personnel Replacement: $25,000.00 per replacement

DESIGN-BUILD AGREEMENT

Design-Build Services for Hendley ES Modernization

DCAM-26-CS-RFP-0011

THIS AGREEMENT (“Agreement” or “Contract”) is made by and between the

DISTRICT OF COLUMBIA GOVERNMENT (the “District”), acting by and through its

DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS” or “Owner”), and [NAME OF CONTRACTOR] a company duly organized under the laws of [INSERT], and with a place of business at [INSERT] (the “Design-Builder” or “Contractor” and collectively, with the Department, the “Parties”).

RECITALS

WHEREAS, the Department issued a Request for Proposals dated XX,XX,2026 (the

“RFP”) to engage a design-builder to prepare a design for and to construct and complete the work for the [INSERT PROJECT NAME], located at [INSERT PROJECT ADDRESS] (the

“Project”);

WHEREAS, the Department intends to implement the Project through a design-build approach. The scope of work for the Project will be divided into two phases: (i) the design and preconstruction phase; and (ii) the construction phase;

WHEREAS, the Department requires that the Project be completed no later than July

15, 2030 (“Substantial Completion Date”);

WHEREAS, the Design-Builder submitted a proposal entitled “Design-Build Services for Hendley Elementary School Modernization” dated [Date] to provide design-build services for the Project;

WHEREAS, the Department retained the Design-Builder to provide design-build services for the Project, which is to include design, preconstruction, construction and construction administration services for the Project;

WHEREAS, the Design-Builder will provide the architectural, engineering, construction, and related services necessary to complete the Project, subject to the terms and conditions set forth in this Agreement;

WHEREAS, the Department has retained the services of a program manager (the

“Program Manager”) to advise it concerning the Project;

WHEREAS, the Department has established a budget, and the Design-Builder will conduct its work in accordance with an underlying budget for the Project, which includes but is not limited to all design fees, hard and soft construction costs, design-build fees, general conditions of the Design-Builder, and allowances; and

WHEREAS, the Department and the Design-Builder entered into a letter contract dated

[Date] (the “Letter Contract”) pursuant to which the Design-Builder was authorized to proceed with certain design, preconstruction, abatement, and demolition services in furtherance of the

Project. (If Applicable).

NOW, THEREFORE, the Department and Design-Builder, for the consideration set forth herein, mutually agree as follows.

DEFINITIONS

Section 1.1. Administrative Term

The Agreement shall have an administrative term (the “Administrative Term”) that runs from the effective date of the notice to proceed to the Administrative Term Date set forth in the

Project Information section above. In addition, within this time, the Design-Builder shall execute and submit a Final Release of Liens and Claims in a form and format required by a

Contracting Officer (“CO” or “Contracting Officer), inclusive of providing the Department with a complete set of any product manuals (“O&M”) and training videos, if applicable. The

Administrative Term is established for the sole purpose of permitting the Department’s Office of the Chief Financial Officer to process payments in the event any payments become due. Notwithstanding the foregoing, nothing herein shall be construed to extend the Substantial

Completion Date, extend the Final Completion Date, or, limit the Department’s ability to assess liquidated damages thereon.

Section 1.2. Agreement

The terms “Agreement” or “Contract” shall mean this entire, integrated agreement between the

Department and the Design-Builder with respect to the Project, consisting of this document and the Exhibits thereto, including but not limited to the Standard Contract Provisions

(Construction Contracts and Architectural/Engineering Services Contracts (Exhibit I)), the construction documents released for the Design-Builder’s use and any change orders, contract modifications or change directives that have been executed by the Department.

Section 1.3. Client Agency

The governmental or quasi-governmental entity, represented by the Department, requesting the

Project.

Section 1.4. Construction Documents

The final Drawings and Specifications, as prepared, sealed by the Design-Builder’s architect in accordance with the law and issued by the Design-Builder for the purpose of obtaining bids from potential trade subcontractors and material suppliers for use in constructing the Project.

Section 1.5. Construction Phase Services

Services provided throughout the construction phase during which the Design-Builder shall carry out the bulk of the construction and manage the completion of the design for the Project, including construction administration services.

Section 1.6. Cost of General Conditions

The Cost of General Conditions shall mean the lump sum amount the Design-Builder is entitled to recover for general conditions and is further described in Section 0.2 of this Agreement.

Section 1.7. Contract Documents

The term “Contract Project Document(s)” refers to one or more components of the Project documents that comprise the Agreement between the Department and the Design-Builder, including any modifications or changes thereof, the drawings and specifications, and any addenda to the RFP issued thereto.

Section 1.8. Design and Preconstruction Phase Services

The services to be provided under Article 3 constitute the design & preconstruction phase services to be performed by the Design-Builder.

Section 1.9. Drawings

The drawings are the graphic and pictorial portions of the Contract Project Documents, wherever located and wherever issued, showing the design, locations, and dimensions of the

Work, generally including plans, elevations, sections, details, schedule, and diagrams.

Section 1.10. Final Completion

The point at which Substantial Completion has been achieved, all punchlist items noted at

Substantial Completion have been completed, the Final Completion Award Fee will not be reviewed until all punch list items have been completed, each trainings are completed, all Final

Warranties are completed, all remaining turnover requirements are complete, all buy-out records, contingencies, and allowances balance reports are submitted and approved by the

Department, and all Project documents the Design-Builder is required to deliver to the

Department as a condition to receive final payment have been delivered.

Section 1.11. Final Completion Date

The date established in the Agreement by which the Design-Builder shall achieve Final

Completion. The Final Completion Date may be modified only by Change Order or Change

Directive in accordance with the Agreement.

Section 1.12. Fully Complete

To undertake all of the Work necessary to fully construct and complete the Project and execute all tasks necessary to obtain the final certificate of occupancy for the Project from the District of Columbia; submit final lien releases from the Design-Builder and Subcontractors and material suppliers; complete all punchlist items to the Department’s approval and sign-off; and cause all representations, warranties, and guarantees to be honored and otherwise fulfill all of the requirements set forth in the Agreement.

Section 1.13. Guaranteed Maximum Price or GMP

The maximum amount, including, but not limited to, the design-build fee and the Cost of the

Work that will be paid to the Design-Builder to Fully Complete the Project as set forth in

Article 4. The Guaranteed Maximum Price (“GMP”) may be modified only by Change Order, Contract Modification, or Change Directive in accordance with the Agreement. The GMP shall be established in the GMP Amendment.

Section 1.14. Hazardous Material

Hazardous Material includes but is not limited to, any toxic substance or hazardous chemical defined or regulated pursuant to federal, state, or local laws relating to pollution, treatment, storage or disposal of waste, or protection of human health or the environment. Such laws include, without limitation, the Comprehensive Environmental Response, Compensation and

Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Clean

Air Act, and laws relating to emission, spills, leaks, discharges, releases or threatened releases of toxic material. The term Hazardous Materials shall also include petroleum and petroleum bi-products.

Section 1.15. Notice to Proceed

A written notice to proceed, signed by the Department’s Contracting Officer, directing the

Design-Builder to proceed with the Project or any portion of the Project (“Notice to Proceed” or “NTP”).

Section 1.16. Project Schedule

The schedule for the Project (“Project Schedule”) agreed upon by the Department and the

Design-Builder. Such schedule shall include a baseline schedule as updated periodically by the Design-Builder, approved by the Department. The Project Schedule shall not be changed except by a Contract Modification, Change Order or Change Directive issued by the

Department’s CO or Contracting Officer. The Project Schedule shall be in a form and contain such detail as may be agreed upon by the Parties.

Section 1.17. Self-Performed Work

The parties hereby agree that “Self-Performed Work” means and shall encompass trade work performed by employees of: (1) the Design-Builder; (2) any entity that is a partner or member of the entity comprising the Design-Builder; (3) any entity that controls, is controlled by, or is under common control with the Design-Builder; or (4) any entity that controls, is controlled by, or is under common control with any entity that is part of the Design-Builder. Self-

Performed Work is distinguished from trade work performed by subcontractors unaffiliated with the Design-Builder or the entities of which the Design-Builder is comprised.

Section 1.18. Services

The services to be provided pursuant to the Agreement which shall include the Design &

Preconstruction Phase Services and the Construction Phase Services necessary to deliver the

Project.

Section 1.19. Specifications

The Specifications are that portion of the Contract Project documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

Section 1.20. Standard Contract Provisions

The District of Columbia Department of General Services Standard Contract Provisions, General Provisions (Construction Contracts and Architectural/Engineering Services

Contracts), as amended, is attached hereto as Exhibit I and incorporated herein.

Section 1.21. Subcontractor

Any person, natural or legal, to whom the Design-Builder delegates the performance of any portion of the Work required by the Agreement. The term “Subcontractor,” used without a qualifier, shall mean a subcontractor in direct contractual privity with the Design-Builder.

“Subcontractors at all tiers” shall mean not only those Subcontractors in direct contractual privity with the Design-Builder and not the Department, but also those performing Work pursuant to sub-subcontracts, and so on. “Subcontractors” shall include both those who are retained to perform labor only and those who are retained both to perform labor and to supply material or equipment. “Subcontractors” shall also include design professionals who are not the Design-Builder’s employees and to whom the Design-Builder delegates any part of its responsibilities under the Agreement, except those references to “trade Subcontractors” shall exclude design professionals.

Section 1.22. Substantial Completion

Substantial Completion shall mean that all of the following have occurred: (1) the construction and installation work have been completed with only minor punchlist items remaining to be completed; (2) the Project has obtained a Department of Buildings (“DOB”) Certificate of

Occupancy. The final DOB Certification of Occupancy shall be received within thirty (30) days of Substantial Completion, and all other required permits or approvals have been obtained;

(3) all Operation and Maintenance Manuals have been finalized, submitted, and approved and must be submitted to the Department six months prior to Substantial Completion; (4) required trainings per Turnover Manual have been scheduled within thirty (30) days of the Substantial

Completion Date; (5) the Design-Builder shall provide final videotaped recordings within thirty (30) days of the Substantial Completion Date; (6) Draft Warranties have been submitted and approved; (7) the Project has obtained DC Department of Health (“DOH”) approval of the kitchen and health suite; (8) the Project site has been deep cleaned and cleared of any debris;

(9) the Project is ready for the Department and Client Agency to use it for its intended purpose;

(10) final warranties have been submitted for material and labor for any installed, replaced, or repaired synthetic surfaces at recreation spaces including, but not limited to, the following material types: Pour-in-Place (“PIP”), artificial grass or turf, rubber mulch, and engineered wood fiber (if applicable); (11) certificates of compliance with impact standards (IPEMA) for synthetic surfaces at recreation spaces have been submitted to the Department (if applicable);

(12) all equipment, supplies, materials and items to be installed have been installed in accordance with the manufacturer’s specifications and industry standards and have undergone and passed the requisite testing and inspections; and (13) commissioning is complete, and a final commissioning punchlist is documented with completion dates established. “Minor punchlist items” are defined for this purpose as items that, in the aggregate, can be completed within thirty (30) days without interfering with the Department or Client Agency’s normal use of the Project.

Section 1.23. Substantial Completion Date

The date established herein by which the Design-Builder shall achieve Substantial Completion.

The Substantial Completion Date may be modified only by Change Order, Contract

Modification, or Change Directive in accordance with the Agreement.

Section 1.24. Work

The term “Work” refers to any and all work done in the performance of the services necessary, at any and all phases of the Agreement, to Fully Complete the Project.

GENERAL PROVISIONS

Section 2.1. Letter Contract (if applicable)

The Parties acknowledge that certain of the investigation, design, and preconstruction activities described in Article 3 of this Agreement were performed pursuant to the Letter Contract between the Parties as described in the Project Information Section of this Agreement.

Pursuant to the terms of the Letter Contract, upon execution of this Agreement by the

Department (the “Agreement Effective Date”), the Letter Contract shall automatically be incorporated and shall merge into and be superseded by this Agreement. The Parties agree that any services provided or work performed pursuant to the merged Letter Contract, and prior to the Agreement effective Date, shall be governed by the terms and conditions of this Agreement.

Section 2.2. Term and Termination

The period of performance under this Agreement shall commence from the date of execution of the Contract by the Department, unless the Department executes a Letter Contract, in which case the period shall commence from the execution of the Letter Contract. Regardless of the forgoing, the period of performance under this Agreement shall terminate upon the expiration of the Administrative Term or upon termination by the Department pursuant to Articles 5 and

6 of the Standard Contract Provisions (Construction Contracts) and Article 8 of the Standard

Contract Provisions (Architectural & Engineering Services Contracts).

Section 2.3. Relationship of Parties

The Design-Builder accepts the relationship of trust and confidence established with the

Department by this Agreement, and covenants with the Department to furnish the Design-

Builder’s reasonable skill and judgment and to cooperate with the Program Manager in furthering the interests of the Department. The Design-Builder shall use its best efforts to perform the Work and complete the Project in an expeditious and economical manner consistent with the interests of the Department. The Department shall endeavor to promote harmony and cooperation among the Department, Design-Builder, Program Manager, and other persons or entities employed by the Department for the Project. In performing its duties under this Agreement, the Design-Builder shall at all times use the standard of care used by

Design-Builders that construct projects similar to the Project in type, size, and scope in large, urban areas. Whenever the term “competent” is used herein to describe the Design-Builder’s actions or duties, that term shall refer to the level of competence customarily possessed by those Design-Builders that construct projects similar to the Project in type, size, and scope in large, urban areas.

Section 2.4. Confidentiality of Information

The Design-Builder shall assure and keep all information and data obtained throughout the performance of the Project whether related to the Agreement, the Work in all of its aspects, the

Department, and the Department’s employees confidential, during and following the term of the Agreement and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, unless disclosure is required pursuant to a court order, subpoena or other regulatory authority. The Design-Builder shall not be divulged of confidential information without the individual’s and the Department’s written consent and only in accordance with the District’s or Federal government’s laws, codes and regulations. The Design-Builder and any subcontractors who utilize, access, or store personally identifiable information as part of the performance of this Agreement are required to safeguard this information and immediately notify the Department of any breach or suspected breach in the security of such information. The Design-Builder and all subcontractors shall allow the Department to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. The Design-Builder, Subcontractor, and their respective employees working on this Project may be required to sign a confidentiality statement.

Section 2.5. Project Description

The Design-Builder shall design and construct a combination of renovation of the existing and new construction to increase the existing footprint to accommodate the square footage required in the educational specifications (“Ed Specs(s)” or “Educational Specifications”) to bring it in line with the District of Columbia Public Schools (“DCPS”) Ed Specs.

Hendley Elementary School (“Hendley ES”) was designed by Murphy and Locraft Architects and built in 1957. More recently Hendley ES received a roof replacement in 2007 and a Phase

1 modernization in 2013. The original construction consists of an entrance volume flanked to the east by a two-story big box volume containing the cafeteria beneath the gymnasium and to the southwest a three-story classroom bar. At the south end of the property is an additional two-story classroom bar connected to the remainder of the school at the ground level only. The

Department anticipates demolition of this two-story classroom volume and single-story connector, but the Design-Builder shall recommend a design that is most advantageous to the

Project. DGS and DCPS have concerns about site safety and traffic safety on the existing site and expect the final design to resolve these concerns and provide a fully accessible and safe school entrance and a separate area for parking and loading which does not cross paths with pedestrian access. The Project shall include all new outdoor play and educational areas per the education specifications, a turf field (U-8 size minimum), parking and loading facilities, and all new site fencing meeting the education specific and technical specifications. Any existing exterior site amenities shall be at a minimum replaced in kind unless otherwise determined through the course of the Project. Exterior site improvements will be a significant portion of the community engagement process and subject to change.

Any new synthetic playground must be accompanied by a certificate of compliance with regulatory standards for all existing public synthetic playgrounds, as required by D.C. Code §

10-171.03.

Section 2.5.1 Project Sustainability Requirements

The Project is required to meet all local and national codes, including but not limited to DC

Energy Conservation, DC Green Construction Code, the Green Building Act, etc. The Project will also be required to meet the recent amendment to the Green Building Act, the Greener

Government Building Amendment of 2022, which went into effect on March 10, 2023. In addition to the required codes, the Project is required to meet the following:

2.5.1.1 LEED Requirements: The Project shall be designed in such a way to incorporate, at a minimum, LEED for Schools – Gold. Evaluation will be required to determine if the level of renovation qualifies for LEED certification. If the Project qualifies, the District will require the innovation LEED Pilot Credit – Integrative Process for Health

Promotion(https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-construction-retail-new-construction-healthc-106.) The Design-Builder is responsible for the application and execution of LEED requirements where applicable. The Design-Builder is responsible for the application and execution of LEED requirements where applicable.

https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-construction-retail-new-construction-healthc-106 https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-construction-retail-new-construction-healthc-106 https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-construction-retail-new-construction-healthc-106

2.5.1.2. Net Zero Energy and Energy Consumption Requirements: The Project shall meet the requirements of the Greener Government Building Amendment Act which requires the

Project to meet the DC standard for Net Zero Energy, Appendix Z of the DC Energy

Conservation Code. As part of this code the project is required to meet on-site renewable energy requirements. The Design-Builder will be responsible for calculating the total need for solar energy to meet or exceed these requirements but will not be responsible for furnishing the solar panels, see the next section regarding the Design-Builders responsibilities for solar readiness. The project goal will be to maximize the solar array where possible. The Project shall achieve an energy use intensity (“EUI”) of 22 units or less to meet the energy consumption goals of the Project.

2.5.1.3. Solar-Readiness Requirements

The solar panels will be purchased, installed, and maintained through the Department by entering into a separate solar power purchase agreement. The Design-Builder shall make the

Project solar-ready by running electrical conduit for future solar locations on roofs and/or facades and building steel canopies to support solar in the future in consultation with the

Department’s solar owner representative. The Design-Builder and the Department’s solar owner representative will work together to provide the required calculations to meet the requirements of Appendix Z onsite renewable. All projects required to meet Onsite Net Zero

Energy are required to offset all building energy use within the bounds of the property. Any and all support structures or canopies required to meet Appendix Z shall be included in the cost of the project. Solar panels over green roof systems can be considered but are not the first choice of the Department. If solar panels are designed over green roofs, structural support racks are the responsibility of the design-builder. Solar panels, inverter material, labor costs, and solar commissioning shall remain outside of the Design-Builder’s scope. While it is assumed solar panels will be a part of the design to achieve Net Zero Certification, it shall not be the only strategy to achieve the Project goals. The Design-Builder shall present iterative design options to the Department and DCPS to ensure the net zero goals are in alignment with program goals for the school.

2.5.1.4. Stormwater Management

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

Section 2.6. Program Manager

The Department has engaged a Program Manager to provide certain program management functions. Such Program Manager shall, at all times, be acting solely for the benefit of the

Department, not the Design-Builder. The Design-Builder hereby acknowledges and agrees that only a duly authorized and designated Contracting Officer shall have the authority to issue Change Orders, Contract Modifications, or Change Directives on the

Department’s behalf. As of the date that this Agreement is executed, the Department’s duly authorizing Contracting Officers are set forth in Exhibit G.

Section 2.7. General Description of Design-Builder’s Duties

Generally, the Design-Builder shall perform the services in a professional, workmanlike manner. The Design-Builder shall supply and furnish at the location where the Work is to be performed all design service, labor, materials, equipment, tools, services, and supervision, and shall bear all items of expense, necessary to complete and satisfactorily perform this

Agreement, except such items that the Department, in this Agreement, specifically agrees to supply or furnish to or for the use of Design-Builder. Any labor, materials, equipment, tools, services, or supervision not specifically described in this Agreement, but which may be fairly implied as required thereby or necessary to properly complete the Work, shall be deemed within the Scope of the Work and shall be provided by the Design-Builder at Design-Builder’s sole expense.

The Design-Builder will be required to work with the Department and the Project stakeholders through a collaborative design process to advance the programmatic Ed Specs to a fully realized Project in accordance with the available Project budget. The Design-Builder will be required to engage in extensive pre-design and preconstruction efforts to ensure that the design is developed in a manner consistent with the Department’s goals for the Project (e.g., programmatic, budgetary, schedule, and quality), to develop a comprehensive Project phasing;

to solicit competitive trade bids for the construction work and to develop an acceptable GMP and corresponding scope and schedule for the work, and to implement the requisite construction and other work necessary no later than the Substantial Completion Date. The

Design-Builder will be required to provide move coordination and logistics support. The

Design-Builder shall be responsible for all items of cost except for those items set forth in

Section 9.7 of this Agreement and will be required to provide a “turn-key” Project ready for occupancy by DCPS.

Generally, the Design-Builder’s responsibilities shall include, but will not be limited to, the following:

a) To confirm the design and construction of the Project in accordance with the RFP

Documents, including all applicable attachments.

b) To provide all design, construction, and construction management services necessary to implement the goals of the Project inclusive of, but not limited to, the following: (i) civil, architectural, electrical, structural, and mechanical design services as required for the

Project; and (ii) construction management services inclusive of budgeting, value engineering (“Value Engineering”), scheduling, Project phasing, Project administration, management, and coordination of subcontractors. Design scope shall also include full design and specifications, with a minimum of two options for basis-of-design for each, of the furniture, fixtures, and equipment (“FF&E”) for GMP pricing.

c) To conduct existing building and site investigation work, including archeology, if and as required for the Project.

d) To furnish and provide all materials, management, personnel, equipment, hazardous material abatement, supervision, labor and other services necessary to complete the

Project.

e) To provide the necessary design, consultants and documentation for all permitting, zoning, historic preservation and US Commission of Fine Arts approvals and National Capital

Planning Commissioning, as needed.

f) To provide all required move coordination and logistics support for the Project.

g) To complete the transition, installation, upgrades of the Department’s portfolio energy management platform, an electronic building automated control system.

h) Coordinate the design and construction with the Office of the Chief Technology Officer

(“OCTO”) team to bring the school to current standards.

i) To Participate in regularly scheduled SIT and Community Meetings throughout the design and construction process.

The Design-Builder shall provide the Department with a GMP based on the 100% Design

Development Documents. The District anticipates an early start agreement (“ESA”) and subsequent one GMP package. The process by which the GMP will be formed is more fully described in this Agreement. Construction and construction administration services for early authorized work may also occur.

During the Construction Phase, the Design-Builder shall construct the Project and provide construction administration services. During the Construction Phase, the Design-Builder shall be required to cause the Work to be completed in a manner consistent with the design documents and phasing plan approved by the Department and shall provide all labor, materials, insurance, bonds, and equipment necessary to fully complete the Project in accordance with the drawings, specifications, Project Schedule, and Project Budget that are issued for the

Project. The Design-Builder shall be responsible for paying for and obtaining all necessary permits and to pay all necessary fees for utility connections and the like.

Section 2.8. Warranties and Representations

1. All disclosures, representations, warranties, and certifications the Design-Builder makes in its proposal in response to the RFP shall remain binding and in effect throughout the term of the Agreement. The Design-Builder reaffirms that all such disclosures, representations, warranties, and certifications are true and correct.

2. If any disclosure, representation, warranty or certification the Design-Builder has made or makes pursuant to the RFP or the Agreement, including, without limitation, representations concerning the Design-Builder’s construction or design experience and qualifications, claims or litigation history or financial condition, is materially inaccurate, that shall constitute a material breach of the Agreement, entitling the

Department to any and all available remedies.

3. The terms and conditions of this Section 2.8 shall apply during both the Design &

Preconstruction and Construction Phases.

Section 2.9. Responsibility for Agents and Contractors

At all times and during both the Design & Preconstruction and Construction Phases, the

Design-Builder shall be responsible to the Department for any and all acts and omissions of the Design-Builder’s agents, employees, subcontractors, sub-subcontractors, material suppliers, and laborers, and the agents and employees of the subcontractors, sub-subcontractors, material suppliers, and laborers performing or supplying Work in connection with the Project.

Section 2.10 Building Information Modeling

Building Information Modeling (“BIM”), Exhibit R is required to be used throughout the facility lifecycle, including all Project phases from Project planning and concept design through construction, as-builts, and into facilities management. The Design-Builder must work collaboratively with all Project stakeholders. It is expected by the Department that all the

Design-Builder’s team members are to be committed to the use of BIM in the Project, share their ideas of BIM expertise with the Design-Builder’s team, provide BIM data as requested by other stakeholders, look for cost savings and schedule improvements during the entire

Project duration, and endeavor to leave as a legacy a fully updated, as built, facility management ready building information model.

DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES

Section 3.1. Preconstruction Services

During the Design and Preconstruction Phase, the Design-Builder, in consultation with the

Department, shall: (i) develop Concept Design Submission and cost estimates; (ii) develop a draft final conceptual site plan/response and cost estimate; (iii) prepare and submit soft copies of the complete set of Schematic Design Documents; (iv) prepare and submit soft copies of the 50% Design Development Documents and budget, approximately half way through the

Design Development phase as progress set to the Department; (v) prepare and submit soft and hard copies of the complete set of Design Development Documents, Specifications and

Design-Builder’s cost estimate and schedule; (vi) prepare soft copies of the complete set of

Construction Documents, Specifications and Design-Builder’s cost estimate and schedule; (vii) review existing condition assessment and recommendation; and (viii) obtain all necessary building permits to support the Project Schedule. Without limiting the generality of the foregoing, during the Preconstruction Phase, the Design-Builder shall: (i) work with its

Architect and any design consultants to advance the design for the Project in consultation with the Client Agency, the Department, and its Program Manager; (ii) obtain bids from trade subcontractors to perform the work described in the Design Development Documents and provide bid tabulations to the Department; (iii) engage in any Value Engineering and scoping exercises necessary to return the cost of the work to the Project Budget; (iv) engage in preconstruction activities, including identifying any long-lead items; (v) develop a GMP proposal for the Project; and (vi) enter into a GMP for the Project. Throughout the Design &

Preconstruction Phase, the Design-Builder shall schedule and attend regular meetings with the

Department, the Program Manager, and the Design-Builder’s Architect.

Section 3.1.1. Building System Assessment

If requested by the Department, within twenty-eight (28) days after the Preconstruction NTP or Contract is issued, the Design-Builder shall conduct an assessment report of the building systems and submit a written report to the Department that assesses whether the existing building systems can accommodate the new space or if additional systems need to be added as part of this modernization. Such a report shall take into consideration the nature of this Project and the proposed Ed Specs. This report shall assess all of the building’s key systems, including, but not limited to, HVAC, kitchens, roof, windows, electrical, lighting, audio-visual equipment, intercom, fire alarms, and plumbing.

Section 3.1.1.1 Baseline Schedule

Within twenty-one (21) days after the Preconstruction NTP is issued, the Design-

Builder shall prepare and submit a Baseline Schedule for the Project (the “Baseline

Schedule”). The Baseline Schedule shall be subject to review and approval by the

Department, and the Design-Builder shall incorporate such adjustments to the Baseline

Schedule as may be requested by the Department. The Baseline Schedule shall be prepared in a critical path method (“CPM”) in a sufficient level of detail to permit the

Department, the Design-Builder, and any other affected parties to properly plan the

Project. The Baseline Schedule shall include but not be limited to the following key milestones:

a) Building Systems Assessment Submission (within 28 days of NTP);

b) Concept Design Submission (within 12 weeks of NTP);

c) Concept Design Department review period (28 days);

d) Early Start Agreement(s) Submission Date(s);

e) Schematic Design Submission;

f) Schematic Design Department review period (28 days);

g) 50% Design Development Submission;

h) Design Development Submission;

i) Design Development Department review period (28 days);

j) GMP Submission Date;

k) 50% Construction Documents;

l) Permit Submission(s)

m) Anticipated Permit approval(s);

n) Construction Document Submission;

o) Construction Document review Period (21 days)

p) Release dates for the key subcontractors and long-lead materials, include the following, if applicable:

a. Elevator(s);

b. Switchgear;

c. Transformer;

d. Generator;

e. Security cameras;

f. Door hardware;

g. Playground equipment;

h. Kitchen equipment;

i. Furniture; and

j. Windows, storefront, and curtainwall;

k. Specialty Lighting

l. Mechanical Equipment

q) Excavation completion;

r) Below-grade structure completion;

s) Above-grade structure completion;

t) O&M final submission (required 6 months before Substantial Completion);

u) Temporary weather-tight completion;

v) Weather-tight completion;

w) Permanent power completion;

x) MEP systems operational;

y) Sitework completion;

z) Building trade inspections, include the following trades:

a. Elevator;

b. Plumbing;

c. Mechanical;

d. Electrical;

e. Fire Alarm; and

f. Sprinkler;

aa) Final building inspection;

bb) DOB COO application review period (10 days);

cc) Conditional or Final Certificate of Occupancy obtained;

dd) Staff Move-in 3 weeks before student move-in (Will be confirmed during the project); and

ee) Student Move-in 3rd Monday in August 2030 (Will be confirmed during the

Project).

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

Builder, at a minimum, monthly.

The Design-Builder shall work with DGS and DCPS to create a design review schedule that works with the schedule of the school community and the school improvement team (“School Improvement Team” or “SIT”). All SIT required review shall be within the active months of school operations whenever possible and avoid reviews during summer, winter, and spring breaks. Review periods cannot be completed without input from the SIT and school community. DGS shall be notified of any changes of design milestone submission schedules at least two (2) weeks prior to the submission date to accommodate for SIT Meeting scheduling.

The Project schedule is attached hereto as Exhibit B.

Section 3.1.1.2. Concept Design

No later than twelve (12) weeks after the Preconstruction NTP or Contract is issued, the Design-Builder shall prepare and submit a proposed concept design for the Ed Spec.

As part of the concept design phase, the Department requests three (3) concept options or alternatives. Each of the concept designs shall contain at least the level of detail contemplated in industry best practices for a concept design and contain at least the level of detail to provide legibility of individual programmatic spaces and provided a

Plan-to-Program study of square footages for each space noted in the Ed Specs. The design submittal shall specifically identify any deviations from the Ed Specs and shall explain the rationale and cost implications associated with such deviation. The

Department shall have the right to disapprove the concept design submittal for any reason. Following the review of the concept design submissions by the Client Agency and the Department, the Department shall approve a final concept design. The Design-

Builder shall revise the concept design submission as necessary to incorporate comments, feedback, and other direction provided by the Client Agency and the

Department. The Design-Builder’s pricing shall assume that such revisions will be required, and such revisions shall not entitle the Design-Builder to additional compensation. The requirements for the Concept Design are referenced in Exhibit V.

A checklist verifying all requirements are met using Exhibit V shall be provided as a coversheet for the Concept Design submission to the Department. The Design-Builder takes responsibility for all concept designs to be within the RFP established budget.

Section 3.1.1.3 Preliminary Budget Estimate

Concurrently with the delivery of the concept design, the Design-Builder shall submit a detailed cost estimate of the proposed designs (such estimate, the “Preliminary Budget

Estimate”). Regarding building systems (i.e. roofs, doors, HVAC, security, IT, etc.), the Preliminary Budget Estimate shall be prepared on a “system” basis that identifies the key building systems or functions and allocates an estimated cost for each such system. The Design-Build Fee, the general conditions cost, and contingencies shall be broken out in separate line items. The primary purpose of the Preliminary Budget

Estimate is to aid the Department and the Client Agency in understanding the costs associated with key elements of the Project to better prioritize and manage the use of the funding allocated to this Project. All estimates shall be broken out into three categories: renovation, new construction, and site work, where applicable.

Section 3.1.1.4 Baseline Budget and Program

The Department shall provide the Design-Builder with a baseline budget and program and comments on the concept design. Such approval shall be provided (or signed by) the Department’s Deputy Director for Capital Construction (the “Deputy Director”). In the event the Design-Builder does not receive such approval within twenty-one (21) days after submitting the Preliminary Budget Estimate, it shall so advise the Program

Manager (“PM”), the Deputy Director, and the Contracting Officer in writing of such failure and request direction. If the Design-Builder fails to provide such notice, the

Design-Builder will be proceeding at its own risk and will be responsible for any redesign costs associated with budget revisions.

Section 3.1.1.5. Existing and Adjacent Building Survey and Monitoring The

Design-Builder shall produce a detailed plan of areas all required existing and adjacent building investigations within twenty-one (21) days after the Preconstruction NTP or

Contract is issued to include, but not limited to, sidewalks, roadways, alleys, trees, plantings, existing facades, and exteriors of adjacent buildings. Depending on the site condition it may be necessary to request an interior survey of adjacent buildings when a property line is shared or in reasonable proximity to the Project. The survey should consist of images and a narrative of the existing conditions. Such survey documents shall be submitted to the Department no later than two (2) weeks prior to the commencement of any work.

Section 3.1.1.6 The Design-Builder shall be required to submit a sound and vibration monitoring plan for review and approval no later than two (2) weeks prior to the commencement of any work. The Design-Builder shall be required to keep daily sound and vibration logs throughout the duration of construction.

Section 3.1.1.7 Additional Preconstruction Services

In addition to those items enumerated above, the Design-Builder shall provide such preconstruction services as are necessary to properly advance the Project. These services shall include but are not limited to, scheduling, estimating, shop-drawings, the ordering of long-lead materials, condition assessments, conservator studies, archeological studies, recommended testing, additional geotechnical testing, and monitoring of historic assets.

Section 3.1.1.8 Disincentive Fee for Failure to Timely Provide Deliverables

The Design-Builder acknowledges that the Department is engaging the Design-Builder to provide an extensive level of preconstruction support services to minimize the potential for cost overruns, schedule delays, or the need for extensive Value

Engineering/re-design late in the Project and that the deliverables required under this

Section 3.1 are key to identify the value of such services. In the event the Design-

Builder fails to deliver any of the deliverables required in Section 3.1 (and unless such failure is the result of any event of Force Majeure), the Design-Builder shall be subject to a disincentive fee in the amount of Seven Thousand Five Hundred Dollars

($7,500.00) plus Five Hundred Dollars ($500) per day after receiving written notice from the Contracting Officer of failure to submit such deliverables.

Section 3.1.2 Design Services; Design Reviews

The Design-Builder shall meet with the representatives of the Department and Client Agency throughout the Design & Preconstruction Phase as the design progresses in order that these representatives and other stakeholders can have input in and approve the design direction at appropriate times. Meeting topics will include but are not limited to, Site Design, Interior

Design, Hardware and Security, FE&E, Finishes, etc. At each deliverable review periods the

Design-Builder shall participate in the SIT meetings and departmental reviews with several

DCPS and DGS department reviews. The Design-Builder will be provided with written comments at deliverables and are required to provide written responses within twenty-one (21) days of the comments being provided. The Design-Builder shall ensure that the design is developed in a manner consistent with the Project budget, i.e., designed-to-budget, as well as the programmatic requirements set forth and attached hereto as Exhibit A and the

Department’s other requirements for the Project. All Design Documents shall be prepared by the Design-Builder’s duly licensed architects and engineers. The GMP basis documents and all interim design submissions shall be subject to review and approval by the Department, and the Design-Builder shall be required to revise these Project documents to address concerns raised by the Department and/or other Project stakeholders and such revisions shall not entitle the Design-Builder to an increase in the Design Fee.

Section 3.1.3 Design Management

During the Design and Preconstruction Phase, the Design-Builder, in consultation with the

Department, shall: (i) develop Concept Design Submission and cost estimates; (ii) develop a draft final conceptual site plan/response and cost estimate; (iii) prepare and submit soft copies of the complete set of Schematic Design Documents; (iv) prepare and submit soft copies of the 50% Design Development Documents and budget, approximately half way through the

Design Development phase as progress set to the Department; (v) prepare and submit soft copies of the complete set of Design Development Documents, Specifications and Design-

Builder’s cost estimate and schedule; (vi) prepare soft and hard copies of the complete set of

Construction Documents, Specifications and Design-Builder’s cost estimate and schedule; (vii) review existing condition assessment and recommendation; and (viii) obtain all necessary building permits to support the Project Schedule. Without limiting the generality of the foregoing, during the Preconstruction Phase, the Design-Builder shall: (i) work with its

Architect and any design consultants to advance the design for the Project in consultation with the Client Agency, the Department, and its Program Manager; (ii) obtain bids from trade subcontractors to perform the work described in the Design Development Documents and provide bid tabulations to the Department; (iii) engage in any Value Engineering and scoping exercises necessary to return the cost of the work to the Project Budget; (iv) engage in preconstruction activities, including identifying any long-lead items; (v) develop a GMP proposal for the Project; and (vi) enter into a GMP for the Project. Throughout the Design &

Preconstruction Phase, the…