MURIEL BOWSER
MAYOR
June 10, 2020
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Suite 504
Washington, DC 20004
Reference: District of Columbia Department of General Services
Modification No. 9 to Construction Management at Risk Agreement
Eliot-Hine Middle School Modernization
Contract Number: DCAM-18-CS-0054
Contractor: Turner Construction Company
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 modification to the Construction Manager at Risk Agreement for
Eliot-Hine Middle School Modernization (DCAM-18-CS-0054) (the Contract) with Turner
Construction Company (the Contractor).
The underlying Contract, which was initially approved by the Council as CA22-0718 on December
24, 2018 with an initial Not-to-Exceed (NTE) amountof $13,000,000 authorized the Contractor
to provide all necessary construction management at risk services for the preconstruction and
construction related to the modernization of Eliot-Hine Middle School (the School) located at
1830 Constitution Avenue NE, Washington, DC 20002 (the Project). Modification No. 1, the
Guaranteed Maximum Price (GMP) Amendment, was approved by the Council as CA23-0237 on
July 12, 2019. Modification No. 1 established a GMP and total Contract value of $73,188,608. A
seriesofzero-dollar modifications, Modifications 2 through 8, were issued to reallocate approved
funding to address unforeseen conditions. Modification 9, if approved, will further address the
identified unforeseen conditions, coordinated design changes, as well as excusable delays that have
occurred. If approved, proposed Modification No. 9, will increase the GMP by $7,236,193 from
$73,188,608 to $80,424,801.00.
The Contract will require the Contractor to substantially complete the Project from execution of
the Letter Contract on July 19, 2018 to an Administrative Term Expiration Date of October 31,
2021 with a Substantial Completion Dates of no later than August 7, 2020 for Phase I Existing
Building Renovations, no later than October 2, 2020 for Phase II Gym Addition and no later than
December 11, 2020 for Phase III Broadcast Media, Classroom Addition and to finally complete
the Project no later than sixty (60) days thereafter. As the value of proposed Modification No. 9
exceeds $1,000,000, Council approval is required for this action.
In addition to the proposed Contract modification, attached are: (i) a contract summary; (ii) a fiscal
certification; (iii) a memorandum and certification of legal sufficiency; and (iv) a Clean Hands
certification for the Contractor.
Ifyou have any questions regarding this matter, please feel free to contact Keith A. Anderson, the
Departments Director, or George G. Lewis, the Departments Chief of Contracts and
Procurement, at (202) 727-2800.
Sincerely,
Muripl Bowser
Enclosures
 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. 9 to Construction Management at Risk Agreement for
Eliot-Hine Middle School Modernization
(A) Contract Number: DCAM-18-CS-0054
Proposed Contractor: Turner Construction Company
Proposed Modification No. 9 Increase Amount: $7,236,193.00
Proposed Revised Total Contract GMP Amount: $80,424,801.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: From execution of Letter Contract on July
19, 2018 to an Administrative Term
Expiration Date of October 31, 2021 with a
Substantial Completion Dates of no later
than August 7, 2020 for Phase I Existing
Building Renovations, no later than October
2, 2020 for Phase II Gym Addition and no
later than December 11, 2020 for Phase III
Broadcast Media, Classroom Addition)
Note: Council approval of the Contract is
requested no later than June 18, 2020 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
___________________________________________________________________________________
2000 14th St. NW, 8th Floor Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
(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 Construction Management at Risk Agreement for Eliot-Hine Middle School
Modernization (DCAM-18-CS-0054) (the Contract) between the Department of
General Services (DGS or the Department) and Turner Construction Company (the
Contractor) was previously submitted to and approved by the Council as CA22-0718
on December 24, 2018 for an initial Not-to-Exceed (NTE) amount of $13,000,000.
Modification No. 1, the Guaranteed Maximum Price (GMP) Amendment, was approved
by the Council as CA23-0237 on July 12, 2019. Modification No. 1 established a GMP
and total Contract value of $73,188,608. A series of zero-dollar modifications,
Modifications 2 through 8, were issued to reallocate approved funding to address
unforeseen conditions. Modification 9, if approved, will further address the identified
unforeseen conditions, coordinated design changes, as well as excusable delays that have
occurred. Modification 9 will also establish phased Substantial Completion dates. The
Contract requires the Contractor to substantially complete Phase I Existing Building
Renovation no later than August 7, 2020, Phase II Gym Addition no later than October 2,
2020 and Phase III Broadcast Media/Music Classroom Addition no later than December
11, 2020 and to finally complete the Project no later than sixty (60) days thereafter. The
Contract provides for a GMP of $80,424,801. If approved, proposed Modification No. 9,
will increase the GMP by $7,236,193 from $73,188,608 to $80,424,801.00. As the value
of the proposed Modification No. 9 exceeds $1,000,000, Council approval is required for
this action. The increase in the GMP results from design changes, project delays and
unforeseen conditions.
Pursuant to the Contract, the Contractor is obligated to provide all necessary construction
management at risk services for the preconstruction and construction related to the
modernization of Eliot-Hine Middle School located at 1830 Constitution Avenue NE,
Washington, DC 20002 (the Project). The Contractor is required to provide all of the
labor, tools, equipment, and materials necessary to complete construction of the Project.
(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 initially as CA22-0718 on December 24, 2018 and again as CA23-0237 on
July 12, 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 was founded in 1902 and is one of the largest construction firms in the
country. For more than 30 years, the Contractor has maintained a broadening presence in
the Greater Washington region. The Contractor has successfully completed renovation
projects in the District of Columbia The Contractor has successfully completed several
modernization projects for the District including Coolidge High School, Kramer Middle
School, and Shepherd and Hearst Elementary Schools. The Contractor possesses the
financial stability to successfully perform the job 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:
Modification No. 9, if approved, would establish a revised GMP of $80,424,801. The
Contractor has submitted a subcontracting plan that meets the minimum requirements of
the Act as follows:
Contract Dollar Value $80,424,801.00
Subcontracting Plan Dollar Value $40,764,148.29
Subcontracting Plan Percentage of Total Contract: 50.68%
(H) Performance standards and the expected outcome of the proposed contract:
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 August 7,
2020 for Phase I Existing Building Renovation no later than, October 2, 2020 for Phase II
 Gym Addition and December 11, 2020 for Phase III Broadcast Media/Music Classroom
Addition. The Department may assess liquidated damages in the, amount of $7,500 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. 9 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. 9 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.
(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.:
The Contractor is not a certified Local, Small, or Disadvantaged Business Enterprise.
(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 can be accessed at
https://dgs.dc.gov/publication/dcam-18-cs-0054-design-build-services-eliot-hine-middle-
school-modernization.
 Government of the District of Columbia
Office of the Chief Financial Officer 1101 4th Street, SW
Office of Tax and Revenue Washington, DC 20024
Date of Notice: April 23, 2020 Notice Number: L0004106372
TURNER CONSTRUCTION CO FEIN: **-***1980
3 PARAGON DR Case ID: 451821
MONTVALE NJ 07645-1782
CERTIFICATE OF CLEAN HANDS
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. As of the date above, the individual/entity has complied with DC Code 47-2862, therefore
this Certificate of Clean 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 Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax homepage, click Clean Hands
and then the Validate a Certificate of Clean Hands hyperlink.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the Chief Financiali Officer
Memorandum
To: Keith A. Anderson
Director
From: Antoinette Hudson-BeckhamTHT for AHB
Agency Fiscal Officer
Reference: Construction Manager at Risk Services Modernization Eliot Hine
Middle School DCAM-18-CS-0054 Modification 9
Date: May 8, 2020
Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby verify that Contract Modification No. 9 to the Agreement for
Construction Manager at Risk Services for Eliot Hine Middle School (DCAM-18-CS-0054) with
Turner Construction Company, in the amount of ($7,236,193.00), is consistent with
the Department's current budget and adequate funds are available in the budget for capital
eligible expenditures.
The Department of General Services (DGS) issued a letter contract in the amount of
$959,698.00. The amount of the Letter Contract was later increased by $40,000.00 (from
$959,698.00 to $999,698.00).
Subsequently, the not to exceed amount of the contract has been increased on two occasions. The
first increase, $12,000,302.00, was approved under Council legislation CA22-0718, increasing the
contract value from $999,698.00 to $13,000,000.00 (definitive contract/initial not to exceed
amount). The second increase, $60,188,608.00, was approved under Council legislation CA23-
0237, increasing contract value from $13,000,000.00 to $73,188,608.00 (Modification 1/GMP
Amendment).
Modification Nos. 2 8 were $0 change orders.
___________________________________________________________________________________
2000 14th St. NW, 8th Floor Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
The proposed Modification No. 9 will establish a contract value of $80,424,801.00, thereby
increasing