DESIGN-BUILD AGREEMENT

FOR

ANACOSTIA RECREATION CENTER POOL REPLACEMENT

BY AND BETWEEN

THE DEPARTMENT OF GENERAL SERVICES

AND

[NAME OF CONTRACTOR]

CONTRACT NUMBER: DCAM-26-CS-RFP-0005

PROJECT INFORMATION

A. PROJECT SUMMARY

1. Project Name:

Design-Build Services for Anacostia Recreation Center Pool Replacement

2. Project Address:

1800 Anacostia Drive SE, Washington, DC 20020

3. Agreement Type:

Design-Build with Guaranteed Maximum Price

4. Client Agency:

Department of Parks and Recreation

(“DPR”)

5. Design-Builder: [INSERT DESIGN-BUILDER]

6. Agreement Amounts:

i. Initial NTE: [INSERT AMOUNT]

ii. Project Budget:

$13,000,000.00

7. Design-Builder Compensation:

i. Design Fee (including Construction Administration):

ii. Design-Build Fee:

a. Base Design-Build Fee:

(60% of Design-Build Fee)

b. At-Risk Design-Build Fee:

(40% of Design-Build Fee)

iii. Lump Sum General Conditions Cost:

iv.

Allowances (see Exhibit Z for allowances included in the NTE Amount):

a. Permit Allowance, $150,000,00;

b. Owner Controlled Allowance for

Existing Conditions Assessment and Concept Design, $250,000.00; and

c. Owner-Controlled Allowance for Unforeseen Conditions, $200,000.00.

v. Preconstruction Fee (15% of the Base Design-Build Fee)

vi. Contingency: To be determined at GMP

8. Liquidated Damages: $1000.00 per day

9. Disincentive Fee for Failure to Timely Submit Deliverables:

$7,500.00 plus $500.00 per day, per deliverable

10. GMP Basis Project Documents Submission Date:

September, 2026

11. Substantial Completion Date: May 3, 2027

12. Final Completion Date: June 14, 2027

13. Administrative Term Expiration Date: July 26, 2027

14. Letter Contract (if applicable):

Period of Performance:

[Date of Letter Contract through Execution of Contract]

NTE Amount: [TBD]

15. GMP Basis Project Documents: Design Development Documents

16. Key Personnel Replacement: $25,000.00 per replacement

17. Assumptions and Clarifications: (Exhibit W)

DESIGN-BUILD AGREEMENT

ANACOSTIA RECREATION CENTER POOL REPLACEMENT

DCAM-26-CS-RFP-0005

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 the District of Columbia, and with a place of business at [Address] (the “Design-Builder” or “Contractor” and collectively with the Department, the “Parties”).

RECITALS

WHEREAS, the Department issued a Request for Proposals (the “RFP”) dated [Insert Date], to engage a design-builder to prepare a design for and to construct and complete the work at Anacostia Recreation Center Pool Replacement, located at 1800 Anacostia Drive SE, Washington, DC 20020 (the “Project”); and

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; and

WHEREAS, the Department requires that the Project be completed no later than May 3, 2027 (the “Substantial Completion Date”); and

WHEREAS, the Design-Builder submitted a proposal entitled “Proposal for Design- Build Services for Anacostia Recreation Center Pool Replacement – DCAM-26-CS-RFP-0005,” dated [DATE OF PROPOSAL] to provide design-build services for the Project; and

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

WHEREAS, the Design-Builder will provide the architectural and engineering (“Architectural/Engineering” or “A/E”), construction, and related services necessary to complete the Project, subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the Department has retained the services of a Contracting Officer’s Technical Representative (“COTR”), and a program manager (the “Program Manager” or “PM”) to advise it concerning the Project; and

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, fees, general conditions of the Design-Builder, and allowances, until achieving Final Completion (such budget, the “Project Budget”); and

WHEREAS, the Department and the Design-Builder entered into a letter contract dated [DATE OF DGS EXECUTION OF LETTER CONTRACT] (the “Letter Contract”) pursuant to which the Design-Builder was authorized to proceed with certain design and preconstruction 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 (“CFO”) 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), 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.

The 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 9.2 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 and all Project documents the Design-Builder is required to deliver to the Department as a condition to receiving 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 by-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”) is 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 J1 and Exhibit J2 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 that 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 preconstruction, construction, and installation work has been completed with only minor punchlist items remaining to be completed; (2) The Project has obtained a Department of Buildings (“DOB”) Certificate of Occupancy, 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 shall 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. The Design-Builder shall provide final videotaped recordings within thirty (30) days of the Substantial Completion Date; (5) Draft Warranties have been submitted and approved; (6) The pool and site have been deep cleaned and cleared of any construction debris; (7) The Project is ready for the Department and DPR to use it for its intended purpose; (8) 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 (9) commissioning is complete, and a final 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 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. 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 into 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, and 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 District’s or Federal 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, Subcontractors, 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 provide design-build services required for the Project. The Project shall be complete, operating, and ready for use on or before the Substantial Completion Date and within the Project’s budget as specified in the RFP Document.

The Design-Builder shall design and construct to best execute the Department of Parks and Recreation (“DPR”) programmatic needs. In general, the Design-Builder will be required to program, fully design, modify, and replace the existing pool at Anacostia Recreation Center. All improvements are to comply with the Americans with Disabilities Act (“ADA”). Without limiting the generality of the foregoing, the Design-Builder shall be required to provide all management, personnel, design services, labor, materials, and equipment necessary to complete the Project. All work shall be code-compliant and installed per DGS and DPR standards, specifications, manufacturer recommendations, and applicable industry.

Anacostia Recreation Center, originally named Anacostia Pool, was built in 1937 within Anacostia Park by the National Park Service (“NPS”) and funded by the Public Works Administration (“PWA”). The site is bounded by Anacostia Drive and Anacostia River to the North and District of Columbia Route 295 (“DC 295”). The pool was the site of historic civil rights events in the District in 1949. In 1973, a portion of Anacostia Park, including the Anacostia Recreation Center and Pool, was transferred to the District and is now under the DPR portfolio.

The Anacostia Recreation Center building contains fitness rooms, locker rooms, restrooms, a lifeguard room, and administrative spaces on the main floor. The lower level contains building systems and pool equipment spaces. In addition to the pool, the outdoor amenities include basketball and tennis courts, a multipurpose athletic field, and a playground.

The pool serves people of all ages and follows DPR’s outdoor pool opening hours schedule.

Currently, the season generally runs from Memorial Day through Labor Day.

Despite its long service history, the existing pool is too small to meet the current needs of the Ward 8 community. By providing a larger, 50-meter pool, the Project aims to improve user experience, reduce maintenance costs, and provide a long-lasting, sustainable solution for the use of residents.

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: civil, architectural, electrical, structural, and mechanical design services as required for the Project; 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 subsurface investigation work 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 (“CFA”) approvals, National Park Service (“NPS”), and National Capital Planning Commissioning, as needed.

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

Based on the approved plans and specifications, the Design-Builder shall construct the Project.

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, schedule, and 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.

Community Engagement

The Design-Builder will facilitate community meetings throughout every phase of the Project.

The goal of these meetings is to get community feedback on the design process, update them on Project milestones, provide Project logistics, and respond to concerns.

The standard frequency for each community meeting is based on design phases and preconstruction start.

Exterior Furnishings

Design, furnish, and install FF&E for exterior spaces as applicable and as directed by DGS.

FF&E for all exterior pool deck spaces should be included within the Project budget. FF&E coordination and installation to be provided by Design-Builder.

Exterior Signage

Design, furnish, and install standard way-finding signage. The Design-Builder shall consider all DGS and DPR Building Standards, standard graphics, and language for interior wayfinding signage.

A. General Modernization Work

Work with the Department and DPR through a collaborative design process to provide all DPR standard programmatic needs including but not limited to:

a) Demolish the existing pool and provide a new 50-meter pool that allows for lap swimming meets and master swim practices.

b) Upgrade the entire pool equipment system with a new pump plant, filters, chemical feed system, backwash tank, and associated piping.

c) Replace the entire pool deck, including new drains. Modifications to the stormwater system may be required. All entrances to the pool deck shall be ADA-compliant.

d) Address environmental concerns such as erosion control and habitat preservation within the area of disturbance.

e) Provide new fencing, shade structures, and furniture for the pool deck.

f) Provide necessary infrastructure and equipment to supply Wi-Fi access, CCTV, and perimeter security upgrades within the project scope area as determined by DPR IT and Protective Security Division (“PSD”).

g) Provide new plantings and restore disturbed ground cover in the area of disturbance.

The project may necessitate the removal of trees.

h) Engage in extensive 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).

i) To provide logistics support, plan to solicit competitive trade bids for the construction work, including all required inspections for material testing, code inspections, and industrial GMP, and corresponding scope and schedule for the Work.

B. General Pool Work

a) The existing pool equipment is housed on the lower level of the recreation center.

The replacement of this equipment necessitates work inside the building. Evaluate the existing equipment layout and provide new equipment that minimizes impacts on adjacent spaces and services. Additional upgrades to building services may be required to support new equipment.

b) Evaluate and provide an ADA-compliant ramp from the main level of the recreation center to the new pool deck.

C. Utilities and Site Infrastructure

a) Design, furnish, and install all utilities, including, but not limited to, electric, water, sewer, and stormwater management.

b) Stormwater Management will be required. Stormwater management should be designed as required by the District Department of Energy & Environment

(“DOEE”).

D. DPR Requirements and Code Compliance

The Contractor shall follow all DGS and DPR requirements, as well as comply with all current applicable codes recently implemented and/or adopted by Washington, DC, including but not limited to the 2017 District of Columbia Building Code Amendments (DCMR 12A), the 2017 District of Columbia Electrical Code (DCMR 12C), the 2017 District of Columbia Fuel Gas Code (DCMR 12D), the 2017 District of Columbia Mechanical Code (DCMR 12E), the 2017 District of Columbia Plumbing Code (DCMR 12F), the 2017 District of Columbia Fire Code (DCMR 12H), 2017 DC Energy Conservation Code (DCMR 12I), 2017 DC Existing Building Code (DCMR 12J), and the 2017 District of Columbia Green Construction Code (DCMR 12K). The Contractor shall also follow all applicable State and Federal laws, codes, and regulations.

E. Americans with Disabilities Act

The Design-Builder shall provide appropriate means for those with disabilities to access the site.

The Design-Builder shall meet 2010 ADA standards and the requirements of the Office of Disability Rights. The work must comply with current accessibility guidelines and criteria; American Disabilities Act/American Disabilities Act Accessibility Guidelines

(ADA/ADAAG), International Building Code IBC 2012, Local/State Codes, 504 Rehabilitation Act of 1973, Title 2 of the ADA Act.

F. Safety and Security Enhancements

a) Install emergency lighting, exit signs, handrails, and stairways.

b) Conduct regular safety inspections and implement necessary upgrades.

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:

Section 2.5.1.1 LEED and Green Construction Code Requirements: The Project shall be designed in such a way to incorporate, at a minimum, LEED Silver principles. Evaluation will be required to determine if the level of renovation qualifies for LEED certification; if the Project does qualify, 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), green roof credits through the Department of Energy and Environment (“DOEE”) Stormwater Retention Credit program and RiverSmart Rooftops Rewards and Rebate program), and Energy Star Certification. The Design-Builder will be responsible for applying for and achieving Energy Star Certification and filing the Department of Energy and Environment (“DOEE”) Stormwater Retention Credit and RiverSmart Rooftops registration forms. The Design-Builder shall also comply with the recently adopted International Green Construction Code.

Section 2.5.1.2 Project Compliance with Energy Performance Laws:

Project shall comply with Greener Government Buildings Amendment Act (GGBAC) and Climate Commitment Amendment Act (i.e. no fossil fuel space or water heating equipment is permitted, except for backup power).

Section 2.5.1.3 Design Excellence Criteria Narrative:

Continuing a legacy of outstanding public architecture that was initiated with the founding of the nation, DGS seeks to commission our nation’s most talented architects, landscape architects, interior designers, engineers, and construction professionals to design and construct District facilities of outstanding quality and value. These projects are to demonstrate the value of true integrated design that balances aesthetics, functionality, cost, constructability, durability, and reliability. Additionally, the Project's design will create environmentally responsible and superior public facilities that give contemporary form and meaning to our democratic values. During the Design Phase, the architect/engineer (“Architect/Engineer” or “A/E”) shall develop a design for the Project that is consistent with the District’s Comprehensive Plan, inter-agency goals, and the DGS Design Excellence Program objectives. The Design Phase will include participation in the Design Excellence Peer Review, which will convene three times during the design phase. Twice in the conceptual phase and once in the schematic phase. The peer reviews will focus on discussing the Design Excellence design principles. During the preliminary conceptual design phase, the creation of three preliminary design options will be created, each option will include its own specific budget scenario and schedule. The purpose of the peer review is not to mandate solutions but to highlight opportunities to strengthen the design and fulfill Project requirements.

Section 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. Contracting Officer’s Technical Representative and Program Manager The Department has engaged a Contracting Officer’s Technical Representative (“COTR”) and Program Manager to provide certain program management functions. Such COTR and 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 direct the Contractor to start the Project or to issue change orders, contract modifications, or change directives on the Department’s behalf. The COTR and Program Manager shall not have the authority to modify any of the rights and obligations of the Department or the Contractor pursuant to the proposed Contract, or to issue change orders, contract modifications, or change directives. As of the date that this Agreement is executed, the Department’s duly authorized Contracting Officer(s) is/are set forth in Exhibit H.

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 work (“Scope of the Work” or “SOW”) 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 to a fully realized Project in accordance with the available Project budget. The Design-Builder will be required to: (1) 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); (2) to develop a comprehensive Project phasing; (3) to solicit competitive trade bids for the construction work and to develop an acceptable GMP and corresponding scope and schedule for the work; and (4) 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.

Section 2.8. Warranties and Representations

a) 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.

b) 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.

c) 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, laborers, and 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”) is required to be used throughout the lifecycle of the Project, including all Project phases from Project planning and concept design through construction, as-built, and into facilities management. The BIM requirements are provided as Exhibit S. It is expected by the Department that all team members are to be committed to the use of BIM in the Project, share their ideas of BIM expertise with the team, provide BIM data as requested by other team members, 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.

The Preconstruction Phase will start from the issuance of the Notice to Proceed (the “Preconstruction NTP” or “Letter Contract”), or a fully executed Contract through the execution of the GMP amendment (“GMP Amendment”). Offerors are advised that they are required to submit their Proposals premised upon agreeing to the terms of the Preconstruction NTP. To the extent there are any ambiguities or inconsistencies between this RFP, the Standard Contract Provisions (for Construction Contracts and Architectural/Engineering Services Contracts), and the Preconstruction NTP, the order of precedence shall be: (i) the Standard Contract Provisions;

(ii) Preconstruction NTP; (iii) Contract; and (iv) the RFP.

Section 3.1.1. Initial Deliverables. The Design-Builder’s initial task will be to perform a feasibility study with a design narrative to a complete schematic design, develop a phasing plan and budget for the Project. As part of this effort, the Design-Builder shall prepare and provide the following initial deliverables:

Section 3.1.1.1 Existing Conditions Assessment Report

a. Existing Conditions Assessment Report

i. The selected Design-Builder will be required to demolish the existing pool and provide a new 50-meter pool at the existing Anacostia Recreation Center to allow for lap swimming meets and master swim practices, providing Ward 8 with a competition level facility.

b. Charrette Sessions and Survey

i. The Contractor shall facilitate up to two (2) meetings with DGS, DPR, and other Project stakeholders (for example, facilities representatives and community groups) to better understand the requirements of the Project.

These meetings shall include charrette sessions that will allow for creative solutions to the needs of the District and community, as well as avoiding unworkable programming or design. At the end of the charrette sessions and informational meetings, the Contractor shall produce a report summarizing the meetings and its recommendations for the final Project based on those meetings. This shall be known as the Stakeholder Analysis.

ii. The Contractor shall facilitate up to one (1) community meeting. At this meeting, the Contractor shall explain the Project, the reasons for the Study, and solicit feedback from attendees on what program elements they would like to see in the new pool. The meeting shall be run by the Contractor to encourage maximum participation by the attendees and allow DGS and DPR to understand the community’s priorities.

iii. iii. Note that the meetings, sessions, and charrettes mentioned in this Section 2.2.1.1 (a) shall be separate from regular progress meetings with

DGS.

c. Zoning Analysis

i. The Contractor shall review the current zoning regulations in place and how such regulations create risks and opportunities for the Project. The Contractor shall perform an analysis on what zoning exceptions, if any, must be sought in order for the Project to be successful. Further, the analysis must take into account the impacts of any zoning modifications on the amount of required parking at the site.

d. Historical Analysis

i. The Contractor shall analyze the historical status of the existing building, and how this status creates risks and opportunities for the Project.

e. Geotechnical Survey

i. Due to the proximity of the site to the Anacostia River, it is assumed that dewatering will be required during construction. The Contractor shall undertake a geotechnical study using all industry best practices. The Contractor shall obtain soil borings of sufficient quantity to identify any conditions that may impact the design for any footings, foundations, utilities, sidewalks, below-grade facilities (including pools), parking lots, etc. The survey must also include documentation of groundwater levels during all tide periods. The geotechnical survey will be published in full as an addendum to the Existing Conditions Assessment Report, and the Existing Conditions Assessment Report shall include notes on how the conditions identified in the report will impact the design of the Project.

The Contractor shall be responsible for obtaining all permits required to undertake the Geotechnical Survey.

f. Dewatering Plan

i. Prepare a dewatering plan that follows all DOEE and any other applicable requirements. The geotechnical investigations will inform the dewatering plan, which should be a separate category in the prepared cost estimates.

g. Environmental Site Assessment

i. The Contractor shall undertake a Phase I environmental site assessment.

This shall include a comprehensive description of the existing environmental conditions at the site. Such an assessment must describe the natural geological, hydrological, and biological resources of the area including any endangered species; describe the man-made resources including site land use, transportation patterns, zoning, population density and demographics; and describe the human resources including the social factors, aesthetic features, historical, archeological, and architectural aspects of the environment.

h. Further as part of the Assessment, the Contractor must:

i. Identify and describe both primary and secondary environmental impacts, beneficial and adverse, anticipated from the proposed project on all natural, man-made, human, and economic resources during all aspects of the site preparation, construction and operation.

ii. Discuss the remedial, protective, and mitigation measures to be taken as part of the Project in response to adverse environmental impacts.

Mitigating measures refer to those methods used to ensure that the Project is brought into compliance with all governing regulations including, but not limited to air, water quality, noise control, solid waste, radiation, and land use regulations.

iii. Describe in detail those impacts which cannot be reduced to acceptable levels, their implications, and the reasons why the action is being proposed notwithstanding their effect. Where abatement measures can reduce adverse impacts to acceptable levels, discuss the effectiveness, costs of the abatement measures, and the basis for considering the adequacy of the determination.

iv. The analysis of alternatives should be sufficiently detailed and rigorous to permit independent and comparative evaluation of the benefits, costs, and environmental risks of the proposed project and each reasonable alternative.

i. Site Survey

i. The Contractor shall conduct all necessary surveys including, but not limited to, topographical, utilities, high water lines, floodplain delineation, wetlands delineation and any, and all, features necessary for DGS to implement a successful Project and as may be required by federal and local agencies for the receipt of building permits. The Contractor must identify the base flood elevation at the site to determine how it will impact the design for any footings, foundations, underground utilities, trenches and drainage.

ii. The Contractor shall conduct a boundary survey. The Contractor must determine the existence of and extent of any easements or encroachments.

Contractor shall produce a scaled drawing that depicts the boundaries of the site. Datum used must be prominently noted on the drawing.

iii. The Contractor shall conduct a utility survey to identify any and all above-ground or below ground utilities that are inside of or adjacent to the property (this shall include any utilities in the public right of way that borders the property). The Contractor shall produce a scaled drawing that depicts all utilities found on the survey. The Feasibility Study Report shall include notes on what utilities, if any, may need to be relocated or upgraded for the Project.

j. Programming Documents and Space Plans

i. The Contractor shall create programming documents that break down the size and quantity of each space, existing or new, for the scope of this Project. It shall be assumed that multiple revisions to the programming documents will be required.

ii. The Contractor shall create space plans showing its recommendations for the new pool and pool deck configuration. It should be assumed that multiple revisions to the space plans will be required.

k. Comprehensive Plans

i. The Contractor shall analyze how the suggested program for the Project aligns with the District’s Comprehensive Plan and any long-term DPR master plans.

l. Cost Estimate and Design/Construction Schedule

i. Contractor shall create a detailed cost estimate for the approved

Programming Documents and Space plans. The Contractor shall specifically analyze the cost impact, if any, of Net Zero certification for the Project. The cost estimates shall take into account the following: (i) results of surveys and studies and their impact on the design and construction means and methods, (ii) escalation to the expected mid-point in construction, (iii) past similar projects completed by DGS; and (iv) other historical cost information. The cost estimates shall be in CSI format or another format approved by DGS.

ii. Contractor shall produce a Project schedule showing both design and construction activities. The schedule shall be submitted in P6 format.

Contractor, at the end of the Study, shall create an Existing Conditions Assessment Report. The Existing Conditions Assessment Report shall incorporate the findings from all the activities described above and shall include, at minimum, the following elements:

i. Description of the Project and site;

ii. Site photographs;

iii. Summary of stakeholder meetings and charrettes, including all reports;

iv. Results from community survey;

v. Zoning Analysis;

vi. Historical Analysis;

vii. Geotechnical Report;

viii. District comprehensive plan;

ix. Environmental Site Assessment;

x. Site Survey, Boundary Survey and Utility Survey;

xi. List of agencies, federal and local, with jurisdiction over the project including a list of all permits and approval required for the Project to commence, continue and be completed;

xii. Project risk log;

xiii. Drawings and plans;

xiv. Meeting minutes; and

xv. Memorandums.

Contractor shall submit a draft report to DGS and DPR within the schedule. DGS and DPR shall be given up to twenty one (21) calendar days to review the draft report. After receiving comments, the Contractor shall make all requested revisions to the draft report to create a final report within ten (10) days of receiving comments from DGS.

Section 3.1.1.2 Baseline Schedule. Within ten (10) days after the Preconstruction NTP or Contract 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 reasonably 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 and 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. Construction Management Plan Submission (within 14 days of NTP or Contract);

b. Existing Conditions Assessment Report (within 10 weeks of NTP);

c. Existing Conditions Assessment Report review period (14 days);

d. Concept Design Submission (within 8 weeks of NTP or Contract );

e. Concept Design Department review period (14 days);

f. Early Start Agreement(s) Submission Date(s);

g. Schematic Design Submission;

h. Schematic Design Department review period (14 days);

i. Design Development Submission;

j. Design Development Department review period (21 days);

k. GMP Submission Date;

l. Construction Documents Submission

m. Permit Submission(s)

n. Anticipated Permit approval(s);

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

a. Switchgear;

b. Transformer;

c. Generator;

d.…