MURIEL BOWSER
MAYOR
June 28, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-204.51)
and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02),
enclosed for consideration and approval by the Council of the District of Columbia is proposed
Modification No. 2 to Contract No. DCAM-21-CS-RFP-0010 with GCS Sigal-Grunley JV. If
approved, Modification No. 2 will increase not-to-exceed amount by $39,218,400,
from $26,326,237 to a guaranteed maximum price of $65,544,637.
Under proposed Modification No. 2, GCS Sigal-Grunley JV will continue to provide the necessary
design-build services required for the modernization and addition of Dorothy Height Elementary
School . The underlying contract
was deemed approved by the Council on June 16, 2022, as CA24-0537, as an early start agreement
to complete the preliminary scope of work required for the project. The substantial completion date
for the project is July 15, 2024.
If you have any questions regarding this contract modification, please contact Delano Hunter, Acting
Director,
Procurement, at (202) 727-2800.
I look modification.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard)
Modification No. 2 to Design-Build Agreement for Dorothy Height Elementary School
(A) Contract Number: DCAM-21-CS-RFP-0010 (the “Contract”)
Contractor: GCS Sigal-Grunley JV (the “Contractor”)
Proposed Increased Contract Amount
via Modification No. 2: $39,218,400.00
Total Contract Amount (Final
Guaranteed Maximum
Price): $65,544,637.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: January 12, 2022 (date of execution of the Letter
Contract by the Department) to March 13, 2026
(Administrative Term Date), with a Substantial
Completion Date of July 15, 2024 (the “Substantial
Completion Date”).
Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum
Price (“GMP”)
Source Selection Method: Competitive Request for Proposals
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(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
N/A
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
The Department of General Services (the “Department”) engaged the Contractor to provide
design-build services for the modernization of Dorothy Height Elementary School (the “Project”).
The Project is divided into two phases: (i) the Design and Preconstruction Phase and (ii) the
Construction Phase, which includes early work on the superstructure and framing, exterior facade,
shop drawing coordination, and long lead equipment for MEP systems, and other long lead
building materials such as doors, frames, and windows as part of the Project.
The Project includes all work and construction services required for the modernization of Dorothy
Height Elementary School, including site demo, concrete, masonry, metals, roofing, fireproofing,
openings, finishes, specialties, equipment, furnishing, plumbing, HVAC, electrical,
communication & security, exterior improvements, earthwork, and site utilities as required for the
Project.
The Contract was deemed approved by the Council on June 16, 2022, as CA24-0537 as an early
start agreement to complete the preliminary scope of work, including demolition, abatement, full
building decommissioning, general conditions, civil, architectural, electrical, structural, and
mechanical design services as required for the Project. Modification No. 1 to the Contract was
deemed approved by the Council on November 7, 2022, as CA24-0702, as an early start agreement
No. 2 to fund the design and allow for early construction work, including early work on the
superstructure and framing, exterior façade, shop drawing coordination and long lead equipment
for MEP systems, and other long lead building materials such as doors, frames, and windows as
part of the Project.
The Department seeks Council approval to execute proposed Modification No. 2 to establish the
Guaranteed Maximum Price (“GMP”). If approved, Modification No. 2 will establish the final GMP
of $65,544,637.00, thereby increasing the Contract’s value by $39,218,400.00 (from
$26,326,237.00 to $65,544,637.00), with a Not-to-Exceed (“NTE”) amount of $65,544,637.00. As
the proposed Modification No. 2 would increase the Contract value by more than $1 million,
Council approval is required for this contract action.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
The underlying Contract was competitively bid and previously submitted to and approved by the
Council as CA24-0537 on June 16, 2022. Additionally, Modification No. 1 was deemed approved
by the Council on November 7, 2022, as CA24-0702, with a NTE amount of $21,535,054.00.
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(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
The award of the Contract was not protested.
(F) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
The Contractor has extensive specialized experience managing K-12 school building renovations,
including those designated as historic, in urban settings. The strength of their team’s experience
which uniquely qualifies them for the Dorothy Height Elementary School project is demonstrated
in the following five elementary, middle, and high school construction projects, which were
completed by one of the members of the joint venture:
1. John Eaton Elementary School Renovation and Addition
2. Duke Ellington School of the Arts Modernization (DESA)
3. Francis L. Cardozo Education Campus Modernization
4. Wilson High School Renovation and Addition
5. Carl Sandburg Middle School Renovation and Additions
The Contractor possesses the financial stability to successfully perform the Project and has
provided a staffing plan for the Project which has been reviewed and approved by the Department.
The Contractor has been determined responsible in accordance with 27 DCMR 4706.1.
(G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LZXR28836012025). Pursuant to D.C. Code § 2-218.46 (d-1), the Contractor shall submit a
detailed subcontracting plan to DSLBD that meets the requirements of D.C. Code § 2-218.46(d),
before entering into a guaranteed maximum price, the Contractor submitted a subcontracting plan
as follows:
Contract’s NTE Dollar Value $65,544,637.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $22,940,622.95
Subcontracting Plan Actual Dollar Value $25,163,517.00
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(H) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all design, preconstruction, and construction services, and
other services necessary to substantially complete the Project no later than July 15, 2024. In
general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor is subject to liquidated damages of $500
per day of delay for failure to timely achieve substantial completion of the Project. The Contract
also provides a disincentive fee of $25,000 for the replacement of key personnel without the
Department’s prior approval and not as a penalty, to reimburse the Department for its
administrative costs arising from the Contractor’s failure to provide the key personnel.
(I) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
None.
(J) A certification that the proposed contract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has certified that the proposed Contract’s GMP and NTE
amount is consistent with the Department’s budget and that adequate funds are available in the
Department’s budget in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. The
applicable Fiscal Sufficiency certification accompanies this Council Package.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Modification No. 2 has been deemed legally sufficient by the Department’s Office
of the General Counsel, and the Contractor does not appear to have any current pending legal
claims against the District.
(L) A certification that Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
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(M) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is current with its federal tax laws.
(N) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
According to the DSLBD’s website, the Contractor is a certified Local and Resident Owned
Business Enterprise. The Contractor’s CBE Number is LZXR28836012025.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the debarment,
and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
(Q) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
None.
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
The Contract award and the Contract are available on the Department’s website. A copy of the
proposed modification will be made available on the Department’s website upon approval.
(S) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments were posted on the Department’s website.
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(T) A certification that the proposed contractor has not been determined to be in violation of
D.C. Official Code § 1-1163.34a:
N/A. This Contract was executed prior to the November 9, 2022, effective date of D.C. Law 22-
250.
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* Governmentofthe District ofColumbia
*
*
ME Office oftheChief Financial Officer 1101 4% Street, SW
[mm Office ofTax and Revenue ‘Washington, DC 20024
Date of Notice: June 12, 2023, Notice Number: L0009658952 =
GCS SIGAL-GRUNLEY JOINT VENTURE FEIN: **-***4856
15020 SHADY GROVE RD Case ID: 1545312
ROCKVILLE MD 20850-3364
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. Asofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate ofClean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES.
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Melinda Jenkins
Branch Chief, Collection and Enforcement Administration
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate ofClean Hands” hyperlink under the Clean Hands section.
11101 4th Street SW, Sulte W270, Washington, DC 20024/Phone: (202) 724-S045/MyTax.DC.g0v
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Thomas Wells
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Proposed Modification No. 2 to the Design-Build Services Agreement for Dorothy Height
Elementary School
Contract Number: DCAM-21-CS-RFP-0010
Contractor: GCS Sigal-Grunley Joint Venture
DATE: June 9, 2023
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 2
and has found it to be legally sufficient, subject to submission of: (i) any required materials and
Council approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
_______________________
Kristen Walp
Senior Assistant General Counsel
2000 14th St. NW, 4th Floor Washington DC 20009 | Telephone (202) 727-2800 | F a x (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Acting Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Modification No. 2 to Contract No. DCAM-21-CS-RFP-0010
Design-Build Services for Dorothy Height Elementary School
Date: June 8, 2023
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby certify that Modification No. 2 (GMP Amendment) to the Agreement for Design Build Services
for Dorothy Height Elementary School (DCAM-21-CS-RFP-0010), with GCS Sigal-Grunley JV in the
amount of $65,544,637.00 is consistent with the Department’s current and “proposed” budget and that
adequate funds are available in the budget for the expenditure.
Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on June 16, 2022, as CA24-0537, with an initial Not-
to-Exceed amount of $4,791,183.00 ($990,000.00 Letter Contract + $3,801,183.00 Early Start
Agreement #1). Additionally, Modification No. 1 was deemed approved by the Council on November
7, 2022, as CA24-0702, with a Not-to-Exceed amount of $21,535,054.00. The contract value was
increased to $26,326,237.00 ($4,791,183.00 + $21,535,054.00).
The proposed Modification No. 2, in the amount of $39,218,400.00, will establish the final guaranteed
maximum price (“GMP”) and NTE amount of $65,544,637.00 ($26,326,237.00 + $39,