Bill Summary – FastDemocracy

                                                                     ENROLLED ORIGINAL

                                       A RESOLUTION

                                            23-441

                   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, 10, and 12 to Contract No. DCAM-17-CS-0041A between the Department of General

       Services and Smoot Construction Company of Washington, DC, increasing the aggregate

       amount of the Contract to $29,710,565.61, and to authorize payment to Smoot

       Construction Company of Washington, DC for construction management at risk services

       received and to be received under these modifications.

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

resolution may be cited as Modification Nos. 8, 10 and 12 to Contract No. DCAM-17-CS-

0041A with Smoot Construction Company of Washington, DC Approval and Payment

Authorization Emergency Declaration Resolution of 2020.

        Sec. 2. (a) There exists an immediate need to approve Modification Nos. 8, 10, and 12 to

Contract DCAM-17-CS-0041A (Contract) between the Department of General Services and

Smoot Construction Company of Washington, DC (Contractor), which would increase the

amount of the Contract to $29,710,565.61 and authorize payment to the Contractor for

construction management at risk services received and to be received under these Contract

modifications.

        (b) Modification No. 8 in the amount of $345,086.72 and Modification No. 10 in the

amount of $608,944.29 increased the Contracts aggregate value by $954,031.01, an amount

under $1 million; thus, Council approval was not required. Proposed Modification No. 12 in the

amount of $254,112 would increase the Contracts aggregate value by $1,208,143.61, from

$28,502,422 to $29,710,565.61.

        (c) The aggregate increase of Modification Nos. 8, 10, and 12 is in excess of $1 million

during a 12-month period; therefore, Council approval 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), and the requirements of section 202 of the Procurement Practices Reform Act

of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code  2-352.02).

        (d) Council approval of Modification Nos. 8, 10, and 12 is necessary to allow the

continuation of essential construction management at risk services at the Ward 3 Short Term

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Family Housing facility and to compensate the Contractor for services provided and to be

provided under these Contract 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, 10 and 12 to Contract No. DCAM-17-CS-0041A with Smoot Construction

Company of Washington, DC 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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