4409055 Resolution 20-145, “Change Orders Nos. 1 and2 and Change Directive No. 2 to Contract No. DCAM-12-M-1031J-FM Approval and Payment Authorization Emergency Declaration Resolution of 2013”

A RESOLUTION

 

20-145 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

June 4, 2013

 

 

To declare the existence of an emergency with respect to the need to approve Change Orders Nos. 1 and2 and Change Directive No. 2 to the Contract for Design-Build Services for the Phase 1 Modernization of Simon Elementary School between the District of Columbia government and Forney Enterprises, Inc., Contract No. DCAM-12-M-1031J-FM, and to authorize payment to Forney Enterprises, Inc. in the aggregate amount of $2,737,274.22 for the goods and services received under these change orders and change directive.

 

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Change Orders Nos. 1 and2 and Change Directive No. 2 to Contract No. DCAM-12-M-1031J-FM Approval and Payment Authorization Emergency Declaration Resolution of 2013”.

 

            Sec. 2.(a)  There exists an immediate need to approve Change Orders Nos. 1 and2 and Change Directive No. 2 to Contract No. DCAM-12-M-1031J-FM for design-build services, additional project scope, outstanding change requests, and the close-out of the Phase 1 project at Simon Elementary School and to authorize payment in the aggregate amount of $2,737,274.22 for the goods and services received under these change orders and change directive.    

(b)  The Council of the District of Columbia Council previously approved

Contract No. DCAM-12-M-1031J-FM (CA 19-0361).  A zero dollar administrative Change Directive No. 1 was then issued. Change Order No. 1 in the amount of $949,506.93 and Change Directive No. 002 in the amount of $10,000 were subsequently issued with an aggregate value of less than $1 million; thus, Council approval was not required at that time. Change Order No. 2, in the amount of $1,777,767.29, increases the aggregate value of the Contract, since Council’s last approval, over the $1 million threshold 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); thus, Council approval is required.

            (c) Approval of Change Orders Nos. 1 and2 and Change Directive No. 2 to Contract No. DCAM-12-M-1031J-FM in the aggregate amount of $2,737,274.22 is necessary to compensate Forney Enterprises, Inc., for work completed at Simon Elementary School.

 

            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 Change Orders Nos. 1 and2 and Change Directive No. 2 to Contract No. DCAM-12-M-1031J-FM Approval and Payment Authorization Emergency Act of 2013 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.