Inconsistencies with the Construction Administration Agreement

Since May, additional inspections have uncovered more fuel tanks and asbestos in the building formerly owned by the Architect of the Capitol. Although the structure was built to be asbestos-free, refrigeration units were brought in and asbestos was found in the insulation. The removal of this additional oil and asbestos will cost approximately $3 million, which increased environmental remediation costs further to approximately $14.4 million. These higher costs will be paid from the project contingency fund.

The Construction Administration Agreement contains specific provisions relating to the design specifications for the development contemplated by WDC Baseball Partners’ proposal, including with respect to:

Distance from the baseball stadium,

Distance between building structures located near the baseball stadium,

A requirement for parking for buses near the baseball stadium, and

Restrictions on street access for retail establishments located near the baseball stadium.

To the extent there are currently inconsistencies between the specifications outlined in the Construction Administration Agreement and the design plans for the project as currently proposed by the WDC Baseball Partners, the team, the District and WDC Baseball Partners will need to agree on how such inconsistencies will be reconciled. Further, under the Contract Administration Agreement, in addition to the above mentioned design concerns, the team has a more general consent right over the overall design of the project proposed by WDC Baseball Partners.

Courtesy of The Government of the District of Columbia