January 15, 2021
The Honorable Phil Mendelson
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Reference: District of Columbia Departmentof General Services
Design-Build Agreement for John W. Ross Elementary School
Contract Number: DCAM-20-CS-RFP-0007
Contractor: Chiaramonte Construction Company
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code 1-
204.51) and the Procurement Practices Reform Act (D.C. Official Code 2-351.01 ef seq.), the
Department of General Services (DGS or the Department) hereby submits to the Council of
the District of Columbia for its review and approval the attached Proposed Design-Build services
Agreement for John W. Ross Elementary School (DCAM-20-CS-RFP-0007) (the Contract) with
Chiaramonte Construction Company (the Contractor).
If approved, the Contract will authorize the Contractor to provide design-build services to for the
renovationof John W. Ross Elementary School which is located at located at 1730 R Street NW,
Washington, DC (the Project). The school is currently overutilized and at its maximum capacity.
To help address overcrowding, the Project includes the renovation of roughly 4,500 square feet of.
internal attic space to create new library space, two (2) new classrooms and supports spaces if
possible. The renovation will also evaluate roughly 1,500 square feetofthe existing library space
(to be relocated), dining and teacher lounge on the lower level and how to best repurpose this area,
The attic renovation will include extending the existing stairs to the attic and adding a new elevator
to serve all floors. This renovation will follow standard code requirements for egress and will
address Americans with Disabilities Act requirements.
On April 10, 2020, the Letter Contract was executed by the Department, with an initial NTE
amountof $980,000. The proposed Contract will establish the final Guaranteed Maximum Price
(GMP)of $5,010,357 and will increase the Contracts value by $4,030,357, from $980,000 to
$5,010,357 with an NTE amount of $4,975,868. The Final GMP is necessary to complete the
construction servicesofthe project and achieve the Project substantial Completion Date of July
addition to the proposed Contract, attached are (i) a contract summary, (ii) a fiscal certification,
a legal sufficiency review and certification, and (iv) a Citywide Clean Hands certificate for the
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 Departments Chief of Contracts
and Procurement, at (202) 727-2800.
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
Design-Build Services Agreement for John W. Ross Elementary School
(A) Contract Number: DCAM-20-CS-RFP-0007 (the Contract)
Proposed Contractor: Chiaramonte Construction Company (the
Contract Amount: $5,010,357 with a Not to Exceed (NTE) amount
of $4,975,868.50 (including $980,000 under the
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: April 10, 2020, date of execution of the Letter
Contract by the Department to November 30, 2021
(with a Project Substantial Completion Date of July
Note: Council approval is requested on or before
January 20, 2021 in order to timely complete the
Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum
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:
(C) The date on which the letter contract or emergency contract was executed:
The Notice to Proceed & Letter Contract (Letter Contract) was executed on April 10, 2020.
(D) The number of times the letter contract or emergency contract has been extended:
On November 26, 2020, the Letter Contract was extended on February 26, 2021.
(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
The total value of the services provided to date under the Letter Contract is $980,000.00, which
represents the initial NTE amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
If approved, the Contract will authorize the Contractor to provide design-build services for the
renovation of John W. Ross Elementary School located at 1730 R Street NW, Washington, DC (the
Project). The Project will be divided into two phases: (i) the Design and Preconstruction Phase; and
(ii) the Construction Phase, with the Construction Phase divided into two phases: Summer 1 or Phase
1 and Summer 2 or Phase 2. The Project includes, among other things design, preconstruction,
necessary abatement, selective demolition and construction services to build and renovate spaces
throughout the building and addition of an elevator to create approximately 6,000 gross square feet
of learning environments. On April 10, 2020, the Letter Contract was executed by the Department,
with an initial NTE amount of $980,000.00. The proposed Contract will establish the final Guaranteed
Maximum Price (GMP) of $5,010,357.00 and will increase the Contracts value by $4,030,357,
from $980,000 to $5,010,357 with an NTE amount of $4,975,868. The Final GMP is necessary to
complete the construction services of the project and achieve the Project substantial Completion Date
of July 31, 2021.
(G) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
On November 14, 2019, the Department issued a Request for Proposals ("RFP") to engage a design-
builder for the renovation of John W. Ross Elementary School. A Pre-Proposal Conference was held
on November 20, 2019. The proposal due date was originally set for December 6, 2019 and was
extended to December 16, 2019. There were six (6) addenda issued to this RFP:
Addendum No. 1 - Issued on November 18, 2019:
Changed the location of the Pre-Proposal Conference.
Addendum No. 2 - Issued on November 21, 2019:
Incorporated the Pre-proposal Conference sign-in sheet and business cards.
Provided a link to unoccupied attic space photos.
Addendum No. 3 - Issued on November 27, 2019:
Provided Questions and Answers.
Revised Attachment J (first source agreement and employment plan).
Addendum No. 4 - Issued on December 4, 2019:
Extended the proposals due date to December 11, 2019 at 2:00 pm.
Provided Questions and Answers.
Incorporated a revised Attachment C (Form of Offer Letter) into the RFP.
Revised Paragraph (d) of Section 2.10.3 (Non-Reimbursable Costs).
Revised Section 2.11 (Design-Build Fee & Award Fee Calculations).
Addendum No. 5 - Issued on December 9, 2019:
Extended the proposals due date to December 13, 2019 at 2:00 pm.
Addendum No. 6 - Issued on December 11, 2019:
Extended the proposal due date to December 16, 2019 at 2 :00 pm.
Revised Section 2.9.3 (Warranties and Manuals).
Incorporated a revised Attachment C (Form of Offer Letter) into the RFP.
Incorporated Attachment M (Form of Contract) into the RFP.
Incorporated Attachment N (Notice to Proceed and Letter Contract) into the RFP.
Incorporated Service Contract Act as a new Attachment to the RFP.
On the proposal due date, December 16, 2019, four (4) firms submitted proposals in a timely
The proposals were evaluated by a technical evaluation panel (Panel) in accordance with the criteria
set forth in the RFP. Each proposal was independently evaluated utilizing a point scale, certain points
of which were for the technical evaluation component as follows: (i) builders past performance
relevant experience and capabilities; (ii) builders key personnel; (iii) architects past performance
experience and capabilities; (iv) architects key personnel; and (v) project management plan and
schedule as discussed more fully below.
The Panel met to develop a consensus technical score. Prior to convening for the evaluation meeting,
each of the Panel members individually completed an evaluation of the proposals. In doing so, each
Panel member rated each Offeror with respect to each subfactors and assign for each subfactor one
of the 6 ratings. In developing the consensus score, the Panel discussed the details of each of the
proposals in light of the evaluation factors. Following the Panels discussions and consensus ratings
of the Offerors, the ratings were converted to numbers.
As outlined in the RFP, in addition to the technical scoring, certain points were available for price.
Offerors were assigned price points on a sliding scale, with the lowest proposed price receiving all of
the available points and the remaining proposals receiving a portion of the available points relative
to their position in the range established by the highest-price Offeror.
Certified Business Enterprise Preference Points:
In addition to the price and technical scoring, a certain number of points were available for each
Offeror based on its status as a Certified Business Enterprise (CBE) as determined by the
Department of Small and Local Business Development (DSLBD). The Contractor was so certified
and received points accordingly.
Contracting Officers Independent Evaluation:
The DGS Contracting Officer, after carefully reviewing the evaluation process followed by the Panel,
their notes and scoresheets, and their final consensus technical evaluation, conducted an independent
assessment of each of the proposals. In addition, the Contracting Officer also found the proposed
pricing to be fair and reasonable. The Contractor was the highest scoring Offeror; thus, the
Contracting Officer awarded the Contract to the Contractor.
By award memorandum executed on February 27, 2020, the Department awarded Contract No.
DCAM-20-CS-RFP-0007 to the Contractor as such award would be most advantageous to the
(H) 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.
(I) 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 Washington, DC based general contractor that specializes in new construction
and remodeling commercial, municipal, and government buildings in the District of Columbia. The
Contractor was established in 2004 and has successfully completed projects for the Department, as
either a prime or subcontractor, including work on Ballou Senior High School Modernization, Hearst
Elementary School upgrade project, Hyde-Addison Elementary School, Bruce-Monroe Elementary
School, Garrison Elementary School, and the Ward 5 Short Term Family Housing. 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.
(J) 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
The Contractor is a Small Business Enterprise in accordance with the Act (CBE Number:
LSZR66958022022). However, Pursuant to D.C. Code 2-218.46 (d-1), the Contractor submitted
a detailed subcontracting plan as part of this contract action as follows:
Contract Dollar Value $5,010,357
Total Amount of All SBE/CBE subcontracts $2,152,945
(K) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all management, personnel, design services, hazardous
materials abatement, supervision, labor, materials, equipment and other services necessary to
substantially complete the Project no later than July 31. 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 replacement of key personnel without the Departments prior approval and not as a
penalty, to reimburse the Department for its administrative costs arising from the Design-Builders
failure to provide the Key Personnel. The Contractors performance will be monitored by DGS
staff and DGS designated Program Manager.
(L) 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:
The Letter Contract executed by the Department on April 10, 2020 provides for an initial NTE
amount of $980,000.00, representing the total expenditure of funds authorized to date.
(M) 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 Contracts GMP is
consistent the Departments budget and that adequate funds are available in the Departments
budget in accordance with 47-392.01 and 47-392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.
(N) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract have been deemed legally sufficient by the Departments Office of the
General Counsel and the Contractor does not appear to have any current pending legal claims
against the District.
(O) 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-
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.
(P) 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.
(Q) 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 DSLBDs website, the Contractor is a certified Local, and Resident Owned
Business Enterprise. The Contractors CBE Number is LSZR66958022022 with an expiration date
of February 2, 2022.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
(S) 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 and Procurements
Excluded Parties List and the Federal Governments Excluded Parties List.
(T) 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
(U) Where the contract, and any amendments or modifications, if executed, will be made
Contract award information is available on the Departments website. Copies of contract
documents will be made available.
(V) Where the original solicitation, and any amendments or modifications, will be made
The original solicitation and any amendment