Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                      A RESOLUTION

                                           24-275

                  IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                      November 2, 2021

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

       3 and 6 to Contract No. DCAM-19-CS-RFP-0062, between the Department of General

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

       Contract amount by $1,196,685 to $17,821,542, and authorize payment to Smoot

       Construction Company of Washington, DC for construction management 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. 3 and 6 to Contract No. DCAM-19-CS-RFP-0062

with Smoot Construction Company of Washington, DC Approval and Payment Authorization

Emergency Declaration Resolution of 2021.

        Sec. 2.(a) There exists an immediate need to approve Modification Nos. 3 and 6 to the

agreement for Construction Management-at-Risk Services for Franklin Park (DCAM-19-CS-

RFP-0062) (Contract) between the Districts Department of General Services (Department)

and Smoot Construction Company of Washington, DC (Contractor) to increase the Guaranteed

Maximum Price (GMP) by $1,196,685, from $16,624,857 to $17,821,542 and to authorize

payment to the Contractor for services received and to be received under these modifications.

        (b) Modification No. 1, executed on October 23, 2020, established the GMP and

increased the previously approved Contract amount by $973,539.20, from $13,563,460.80 to

$14,537,000. The value of Modification No. 1 was less than $1 million; thus, Council approval

was not required. The Department submitted and the Council subsequently approved the

Modification Nos. 1 and 2 to Contract No. DCAM-19-CS-RFP-0062 with Smoot Construction

Company of Washington, DC Approval and Payment Authorization Emergency Act of 2021,

effective March 24, 2021 (D.C. Act 24-48; 68 DCR 3460). Modification No. 2 increased the

Contracts GMP by $2,087,857, from $14,537,000 to $16,624,857. Modification No. 3 was

executed on June 1, 2021, and increased the Contracts GMP by $996,765, from $16,624,857 to

$17,621,622. Modification No. 3, in the amount of $996,765 was less than $1 million; thus, did

not require Council approval. Modification Nos. 4 and 5 were zero-dollar modifications and

Council approval was not required.

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        (c) Proposed Modification No. 6 would increase the Contracts GMP by $199,920 from

$17,621,622 to $17,821,542. The aggregate value of Modification No. 3 and proposed

Modification No. 6 is $1,196,685, an amount in excess of $1 million during a 12-month period;

therefore, Council approval of these modifications 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).

        (d) Council approval of Modification No. 3 and 6 is necessary to allow the continuation

of construction management at-risk services for Franklin Park and to compensate the Contractor

for services provided and to be provided under 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. 3 and 6 to Contract No. DCAM-19-CS-RFP-0062 with Smoot Construction

Company of Washington, DC Approval and Payment Authorization Emergency Act of 2021 be

adopted after a single reading.

       Sec. 4. This resolution shall take effect immediately.

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