MURIEL BOWSER
MAYOR
May 26, 2020
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, DC 20004
Reference: District of Columbia Department of General Services
Modification 1 to Construction Management At-Risk Eaton Elementary
School Contract
Number: DCAM-19-CS-RFP-0059
Contractor: GCS/Sigal-Grunley Joint Venture
Dear Chairman Mendelson:
Pursuant to D.C. Official Code 1-204.51(b), the Department of General Services ("DGS" or the
"Department") hereby submits to the Council of the District of Columbia for its review and passive
approval the attached contract modification to the Department's Contract Number (DCAM-19-
CS-RFP-0059) (the "Contract") with GCS/Sigal-Grunley Joint Venture (the "Contractor") to
provide construction management at-risk services for the modernization of Eaton Elementary
School.
If approved, the Contract modification will authorize the Contractor to provide construction
management at-risk services for the modernization of Eaton Elementary School (the "Project").
Eaton Elementary School is located in the Cleveland Park Historic District and is approximately
49,100 square feet. The Contractor shall provide all work and construction services required to
construct and implement the approved design, including selective demolition, renovation, and
addition to accommodate the anticipated increase in school attendance. The proposed
modernization will expand, or replace the existing building with new, academic areas, academic
support areas, administrative spaces, restrooms, dining, kitchen and a gymnasium. The Project
must be substantially complete by July 15, 2021. The Contract modification will establish the
project's guaranteed maximum price (GMP) by increasing the current Not-to-Exceed ("NIE")
amount of $20,609,000.00 by $37,130,137.00 to $57,739,137.00. As the proposed Contract
modification amount exceeds $1 million, Council approval is required for this Contract action.
In addition to the proposed Contract modification, attached are (i) the Contract summary, (ii) a
fiscal certification, (iii) a legal sufficiency review and certification, and (iv) a Citywide Clean
Hands certificate for the Contractor.
If you have any questions regarding this proposed action, please feel free to contact Keith A.
Anderson, the Department's Director, or George G. Lewis, the Department's Chief ofContracts
and Procurement, at (202) 727-2800.
Sincerely,
Muriel Bpwser
EnSlosures
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 and multiyear)
Modification No. 1 to Construction Management at Risk Agreement for
Eaton Elementary School GMP Amendment
(A) Contract Number: DCAM-19-CS-RFP-0059
Proposed Contractor: GCS-SIGAL|GRUNLEY JOINT VENTURE
Proposed Modification No. 1
Increase Amount: $37,130,137.00
Proposed Total Contract GMP: $57,739,137.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: From July 22, 2019, date of execution of the Letter
Contract by the Department with a Project
substantial completion date of July 15, 2021.
Note: Council approval is requested on or before
May, in order to timely complete the Project.
Type of Contract: Construction Management at Risk with Guaranteed
Minimum Price (GMP)
Source Selection Method: Competitive Request for Proposals
(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
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(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 Contractor shall provide construction management at risk services for the modernization of
Eaton Elementary School (the Project). Eaton Elementary School is located in the Cleveland
Park Historic District and is approximately 49,100 square feet. The Contractor shall provide all
work and construction services required to construct and implement the approved design, including
selective demolition, renovation, and addition to accommodate the anticipated increase in school
attendance. The proposed modernization will expand, or replace with new, academic areas,
academic support areas, administrative spaces, restrooms, dining, kitchen, and a gymnasium.
The construction management at risk Agreement for Eaton Elementary School Modernization
(DCAM-19-CS-RFP-0059) (the Contract) between the Department of General Services
(DGS or the Department) and GCS/Sigal-Grunley Joint Venture (the Contractor) was
previously submitted to and approved by the Council as CA23-391 on December 30, 2019 for an
initial Not-to-Exceed (NTE) amount of $20,609,009.00. Pursuant to the Contract, the
Contractor is obligated to provide all necessary construction management at risk services for the
preconstruction and construction related to Project, providing all labor, tools, equipment, and
materials necessary to complete construction of the Project. The package approved in December
was for an initial not-to-exceed amount for what is referred to as the early release package. The
early release package contains some but not all critical path items such as the demolition and
abatement, foundation to grade work, underpinning of the existing buildings, sheeting and
shoring for the excavation for the new gym and the design and fabrication of the super
structure. This approach also allows the construction contractor to start work on critical path
items while design activities are simultaneously occurring. This results in substantial reduction
in the overall Project schedule while giving the design team time to complete the drawings and
other construction documents. This approach permits the development of a more accurate GMP.
The Contract requires the Contractor to substantially complete the Project no later than July 15,
2021 and to finally complete the Project no later than October 15, 2021. The Contract provided for
an initial Not-to-Exceed Amount of $20,609,000 pending agreement between DGS and the
Contractor on a GMP for the Project.
Proposed Modification No. 1, representing the GMP Amendment, will establish a GMP of
$57,739,137.00 which includes the initial NTE amount of $20,609,000, previously approved by
the Council and includes all costs to fully compete the Project. The proposed GMP is under the
approved budget, a budget developed by DCPS and DGS based on DCPSs current ED
specification and enrollment numbers, contained in the CIP for the Eaton project of $68.5M.
As the value of the proposed Contract modification exceeds $1,000,000, Council approval is
required for this 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:
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The underlying Contract was competitively bid and previously submitted to and approved by the
Council as CA23-391 on December 30, 2019.
(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:
There were no bid protests related to the award of the Contract.
(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 is a certified joint venture consisting of a Washington, DC-based general contractor
formed in 2018 and a Rockville Maryland general contractor formed in 1988. The DC based
contractor is a certified business enterprise offering general contracting, preconstruction, design-
build, construction management and sustainable construction services. The Contractor has
successfully completed multiple District school modernizations including the Duke Ellington
School of the Arts, Garrison Elementary, River Terrace Educational Campus, Cardozo Education
Campus and Wilson High School.
The other Contractor is a full-service, award-winning construction firm with expertise in high-
profile, complex projects for both public and private sector customers and projects involving
historical preservations. The Contractor has completed the renovation of the Fairmont Heights
High School in Hyattsville, Maryland as well as U.S. Capitol Stone and Metal Preservation and
St. Elizabeths Center Building.
(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:
Modification No. 1, if approved, would establish a GMP of $57,739,137.00. The Contractor has
submitted a subcontracting plan that meets the minimum requirements of the Act as follows:
Contract Dollar Value $57,739,137.00
Subcontracting Plan Dollar Value $25,000,000
Subcontracting Plan Percentage of Total Contract: 43%
(H) Performance standards and the expected outcome of the proposed contract:
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The Contractor is required to provide all of the labor, tools, equipment, and materials necessary to
substantially complete the construction of the Project, no later than July 15, 2021. The Department
may assess liquidated damages in the amount of $5,000 per day in the event the Contractor fails
to meet the Substantial Completion Date. Additionally, the Department may withhold payments
to the Contractor based on defects in any application for payment or performance on the Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractors performance will continue to be
monitored by DGS staff and DGS designated Program Manager.
(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:
N/A
(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 value of proposed Modification No. 1 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 relevant 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:
Proposed Modification No. 1 has been deemed legally sufficient by the Departments Office of
the General Counsel, and the Contractor appears to have no 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 current with its District taxes.
The relevant Clean Hands certification accompanies this Council Package.
(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 taxes.
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(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 DSLBD letter dated April 8, 2019, the Contractor has been certified as a Joint
Venture in accordance the D.C. Official Code 2-218.39a. The Contractors status a Joint Venture
will terminate at the end of the Project.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(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 & Procurements
Excluded Parties List and the Federal Governments Excluded Parties List.
(Q) Any determination and findings issues relating to the contracts formation, including any
determination and findings made under D.C. Official Code 2-352.05 (privatization
contracts):
N/A
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Departments website.
(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 Departments website and can
be accessed at
https://dgs.dc.gov/event/dcam-19-cs-rfp-0059-request-proposals-construction-manager-risk-
services-modernization-eaton
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Government of the District of Columbia
CERTIFICATE OF CLEAN HANDS
GCS SIGAL-GRUNLEY JOINT VENTURE
15020 SHADY GROVE RD STE 500
ROCKVILLE, MD 20850-3390
EIN :*****4856
As reported in the Citywide Clean Hands system, the above referenced
individual or entity has no outstanding liability with the District of
Columbia. As of the date herein, you have complied with the following
official DC code and therefore are issued this Certificate of Clean
Hands.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS AND FEES
CHAPTER 28. GENERAL LICENSE LAW
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.
Date: Saturday this 7th day of March 2020 10:23 PM
Authorized By Marc Aronin
Chief, Collection Division
Tracking#: 1253777 This document is a certified, complete and true copy.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Contracts & Procurement
MEMORANDUM
To: Keith A. Anderson
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Construction Manager at Risk - Modernization Eaton Elementary School
Contract No, DCAM-19-CS-RFP-0059 Modification 1 (GMP Amendment)
Date: April 18, 2020
Subject: Fiscal Sufficiency
______________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
Department), I hereby certify that Modification No. 1 to the Contract for Construction
Management at Risk Services for Eaton Elementary School Modernization (DCAM-19-CS-RFP-
0059) (the Contract) with GCS/Sigal-Grunley Joint Venture (the Contractor) in the
aggregate amount of $37,130,137.00 is consistent with the Departments current budget and that
adequate funds are available in the budget for the expenditure.
The underlying Contract authorizes the Contractor to provide Construction Management at Risk
Services for Eaton Elementary School Modernization (the Project). The Department
previously certified, and the Council previously approved, availability of funds in the aggregate
amount of $20,609,000.00, which included a letter contract for $950,000.00 and a Not-to
Exceed contract for $19,659,000.00. The Proposed Modification No. 1, in the amount of
$37,130,137.00, will increase the contract value to $57,739,137.00.
$20,609,000.00 + $37,130,137.00 = $57,739,137.00
While funding in the amount of 37,130,137.00 is being certified for capital eligible items, a total
cost of $678,751.71, for items listed in Exhibit 5 (of the contract), are ineligible for capital
expenditure. The goods/services identified in Exhibit 5 have a projected need by date in FY
2021.There should be no purchases, commitments or expenditures for items in Exhibit 5, until
operating funds are available to do so.
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Page 2 of 7
The Department of General Services (DGS Implementing AGY) has $37,130,137.00 in DC
Public Schools (DCPS Owner AGY) cumulative capital budget balance.
Per the DCPS approved FY 2020 thru FY 2025 approved CIP, Eaton ES Modernization
YY181C will receive $6,500,000.00 in FY 2021.
A portion of the funding ($37,130,137.00), in the amount of $6,301,439.21, is subject to the
av