MURIEL BOWSER MAYOR June 14, 2024 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(c-3) of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02(C-3)), enclosed for consideration and approval by the Council of the District of Columbia is Modification No. 5 to Contract No. DCAM-21-CS-RFP-0008O with McKissack & McKissack of Washington, Inc., to exercise option year two in the not-to-exceed amount of $3,000,000. The modification’s period of performance is from April 6, 2024, through April 5, 2025. Under the proposed modification, McKissack & McKissack of Washington, Inc., will continue to provide construction management services from inception to post-construction as awarded via task order agreements for various facilities within the Department of General Services’ (“DGS”) real estate portfolio under its agreement with DGS. My administration is available to discuss any questions you may have regarding the proposed contract modification. In order to facilitate a response to any questions you may have, please contact Delano Hunter, Director, DGS, or have your staff contact George G. Lewis, Chief of Contracts and Procurement, DGS, at (202) 727-2800. I look forward to the Council’s favorable consideration of this contract modification. Sincerely, Muriel Bowser  GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ____________________________________________________________________________________ Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c-3), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Options) Modification No. 5 to Contract No. DCAM-21-CS-RFP-0008O Construction Management Services Exercise of Option Year 2 (A) Contract Number: DCAM-21-CS-RFP-0008O Modification No. 5 to exercise Option Year 2 Proposed Contractor: McKissack & McKissack of Washington, Inc. Proposed Contract Amount (Option Year 2): Not-to-Exceed (“NTE”) $3,000,000 Term of Contract (Option Year 2): April 6, 2024, through April 5, 2025 Type of Contract: Indefinite Delivery/Indefinite Quantity (B) Identifying number of the underlying contract, including the identifiers assigned to the underlying contract by the Council for the base period and any subsequent option periods: Base Year Contract No. DCAM-21-CS-RFP-0008O Contract Amount: Guaranteed Minimum: $50 Aggregate NTE $3,000,000.00 Council Approval: CA24-0441, April 1, 2022 Option Year 1 Partial Exercise Option Year 1: Modification No. 1 Contract Amount: $0 Administrative Modification Exercise of Option Year 1 Modification No. 2 Option Year 1 Amount Guaranteed Minimum: $50 Aggregate NTE $3,000,000.00 Council Approval: CA25-0123, April 10, 2023  Option Year 2 Partial Exercise of Option Year 002: Modification No. 3 Contract Amount: $0 Administrative Modification Administrative Modification No. 4 Contract Amount: $0 Administrative Modification Partial Exercise of Option Year 002: Modification No. 4.5 Contract Amount: $0 Administrative Modification Full Exercise of Option Year 002: Proposed Modification No. 5 Contract Amount: Guaranteed Minimum: $50 Aggregate NTE $3,000,000.00 (C) A statement that the 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 certification is attached. (D) A statement 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 Agency Fiscal Officer has certified that the proposed Contract Modification No. 5 is within the Department’s appropriated budget authority 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 certification accompanies this Council Package. (E) A certification that the proposed contractor has not been determined to be in violation of D.C. Official Code § 1-1163.34a: Based upon a certification from the Contractor, the Contractor has not been determined to be in violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code § 1-1163.34a. (F) The description of any other contracts the proposed contractor is currently seeking or holds with the District: The Contractor currently has a contract to provide construction management services for the Department of Public Works’ Benning Road Transfer Station (CW99732) and a contract with DGS to provide architectural and engineering services for the inauguration stands for the 2025 inauguration (DCAM-24-CS-SS-0001).  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: June 2, 2024 Notice Number: L0011874765 MCKISSACK AND MCKISSACK OF WASHINGTON INC FEIN: **-***2916 901 K ST NW FL 6TH Case ID: 7765962 WASHINGTON DC 20001-6444 CERTIFICATE OF CLEAN HANDS As reported in the Clean Hands system, the above referenced individual/entity has no outstanding CO 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) PY § 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 of Clean Hands” hyperlink under the Clean Hands section. 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 Memorandum To: Delano Hunter Director From: Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference: DCAM-21-CS-RFP-0008O Construction Management Services Date: May 10, 2024 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. 5 to Contract No. DCAM-21-CS-RFP- 0008O for Construction Management Services between the Department and McKissack & McKissack of Washington, Inc. (the “Contractor”) with a Not-To-Exceed (“NTE”) value of $3,000,000.00 and a guaranteed minimum value of $50.00 is consistent with the Department’s current budget and that adequate funds are available in the budget for the expenditure. The $50.00 minimum value is hereby certified. Funds supporting individual task order agreements, above the minimum amount certified of $50.00, to be issued against Option Year Two (“Option Year Two”) with an annual aggregate NTE value of $3,000,000.00, will be reviewed for certification and approval at the time of issuance of any such task order agreements. Each task order is subject to availability of appropriated funds. Task Orders ineligible for capital expenditure will be funded under the Department of General Services (DGS) operating budget, if funding is available. The Department of General Services (AM0-Implementing AGY) has $50.00 the DC Public Schools (Owner AGY) cumulative capital budget authority balance. The PASS information follows.  Fiscal Sufficiency Review Construction Management Services Contract Number: DCAM-21-CS-RFP-0008O Project Number/ Subtask AY Fund Imp. Owner RK Amount Comments Name Detail Agency Agency 100072 - 03.03(EMCPC.951 N/A 3030300 AM0 GA0 RK271287 $50.00 AM0.GM312C. 01.ES/MS ES/MS MODERNIZATIO MODERNIZATION N CAPITAL CAPITAL LABOR - LABOR - PROG) PROG.CAP PROJ - PHYSICAL PLANT (GA0)) Total $50.00 for AHB _________________________ Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Page 2 of 4  GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ___________________________________________________________________________ OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO: Tomás Talamante Director, Office of Policy and Legislative Affairs FROM: Kristen Walp Senior Assistant General Counsel SUBJECT: Legal Sufficiency Certification Proposed Modification No. 5 to the Contract for Construction Management Services Contract Number: DCAM-21-CS-RFQ-0008O Contractor: McKissack & McKissack of Washington, Inc. DATE: June 3, 2024 _____________________________________________________________________________ This is to certify that this Office has reviewed the above-referenced proposed Modification No. 5 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 3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283  1. Contract Number Page of Pages MODIFICATION OF CONTRACT DCAM-21-CS-RFP-0008O 1 1 2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption Modification No. 1 See Block 16C Not Applicable Construction Management Services 6. Issued By: 7. Administered By (If other than line 6) Department of General Services Department of General Services Contracting and Procurement Division Capital Construction Division 2000 14th Street NW, 4th Floor 1250 U Street NW 3rd Floor Washington, DC 20009 Washington, DC 20009 8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No. McKissack & McKissack of Washington, Inc. 9B. Dated (See Item 11) 901 K Street, NW, 6th Floor Washington, DC 20001 10a Modification or Contract Number DCAM-21-CS-RFP-0008O 10B. Dated (See Item 13) April 6, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. Accounting and Appropriation Data (If Required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to: (Specify Authority) The changes set forth in Item 14 are made in the contract/order no. in item 10A. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.) set forth in item 14. C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4727 and Section F.2 of Contract DCAM-21-CS-RFP-0008O X E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copy to the issuing office. 14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract No. DCAM-21-CS-RFP-0008O- Construction Management Services is hereby modified as follows: is hereby modified as follows: 1 In accordance with Section F.2 Option to Extend the Term of the Contract, DGS hereby exercisesa portion of Option Year 1 of the contract, extending the contract's period of performance from April 6, 2023 to April 15, 2023. 2 This is a no cost modification. 3 Section H.2. The US Department of Labor Wage Determination Schedule No. 2015-4281 Rev No. 25 dated December 27, 2022 is hereby incorporated into the contract and provided as Attachment A to Modification 1. 4 Insert Section H.14 Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign Finance Reform Act certification requirement pursuant to D.C. Official Code § 1-1161.01 and will satisfy all self-certification requirements prior to the execution of the contract, exercise of any option year, and execution of any task orders. 5 The Living Wage Act of 2006, effective January 1, 2023, is hereby incorporated into the contract and provided as Attachment B to Modification 1. 6 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement. Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect 15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer Deryl McKissack, President & CEO James H. Marshall 15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed (Signature of person authorized to sign) 3/20/2023 (Signature of Contracting Officer) 3/20/2023 Attachment A 01021023ÿ56728ÿ9  ÿÿÿÿÿÿÿÿÿÿ"#$%&'($#ÿ)*ÿ+,%$ÿ-$($#.&/,(&)/'ÿ0/-$#ÿÿ1ÿÿÿÿÿÿÿÿ02'2ÿ-$3,#(.$/(ÿ)*ÿ4,5)#ÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿ(6$ÿ'$#7&8$ÿ8)/(#,8(ÿ,8(ÿÿÿÿÿÿÿÿ1ÿÿ$.34)9.$/(ÿ'(,/-,#-'ÿ,-.&/&'(#,(&)/ÿÿÿ 5:ÿ;<=>?@ÿ'>?=>@E=:ÿACÿ4EFA=ÿ1ÿÿÿÿÿÿÿÿÿ+,%$ÿ,/-ÿ6)0#ÿ-&7&'&)/ÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ1ÿÿÿ