Bill Summary – FastDemocracy

                                                                     ENROLLED ORIGINAL

                                       A RESOLUTION

                                            23-434

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                          July 7, 2020

To declare the existence of an emergency with respect to the need to approve Modification Nos.

       8 and 9 to Contract No. DCAM-17-CS-0131 between the Department of General

       Services and MCN Build, Inc., increasing the aggregate contract amount to

       $50,489,666.49, and to authorize payment to MCN Build, Inc. for the design-build

       services received and to be received pursuant to these modifications.

        RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

resolution may be cited as the Modification Nos. 8 and 9 to Contract No. DCAM-17-CS-0131

with MCN Build, Inc. Approval and Payment Authorization Emergency Declaration Resolution

of 2020.

        Sec. 2.(a) There exists an immediate need to approve Modification Nos. 8 and 9 to

Contract No. DCAM-17-CS-0131 (Contract) between the Department of General Services

(Department) and MCN Build, Inc. (Contractor) to increase the Contract amount by

$2,875,678.49 to the aggregate amount of $50,489,666.49 and to authorize payment to the

Contractor for design-build services, for C. W. Harris Elementary School, received and to be

received pursuant to these modifications.

        (b) On February 6, 2020, the Department executed Modification No. 8, which authorized

changes that were required to the scope of work to meet programmatic needs that increased the

Contract amount by $900,712.12 from $47,613,988.00 to $48,415,700.12. The value of

Modification No.8 was less than $1 million; thus, Councils approval was not required.

        (c) Proposed Modification No. 9, in the amount of $1,974,966.37, would increase the

Contract amount from $48,514,700.12 to $50,489,666.49 for design-build services to be

received. The aggregate value of Modification Nos. 8 and 9 is $2,875,678.49, an amount in

excess of $1 million during a 12-month period; therefore, the Councils approval of Modification

No. 9 is required pursuant to section 451 of the District of Columbia Home Rule Act, approved

December 24, 1973 (87 Stat. 803; D.C. Official Code  1-204.51).

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       (d) Council approval of Modification Nos. 8 and 9 is necessary to authorize the

continuation of essential design-build services for C. W. Harris Elementary School and to

compensate the Contractor for services provided and to be provided pursuant to these

modifications.

       Sec. 3. The Council of the District of Columbia determines that the circumstances

enumerated in section 2 constitute emergency circumstances making it necessary that the

Modification Nos. 8 and 9 to Contract No. DCAM-17-CS-0131 with MCN Build, Inc. Approval

and Payment Authorization Emergency Act of 2020 be adopted after a single reading.

       Sec. 4. This resolution shall take effect immediately.

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