6092781 Resolution 21-494, Change Orders to Contract No. DCAM-12-M-1031H-FM Approval and Payment Authorization Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-494

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

June 7, 2016        

                                                                                                                                             

 

To declare the existence of an emergency with respect to the need to approve Change Order Nos. 005 through 016, inclusive, to Contract No. DCAM-12-M-1031H-FM with MCN Build, LLC for design-build services for Powell Elementary School and to authorize payment in the aggregate amount of $11,292,587.82 for the goods and services received and to be received under the change orders.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Change Orders to Contract No. DCAM-12-M-1031H-FM Approval and Payment Authorization Emergency Declaration Resolution of 2016”.

 

            Sec. 2. (a)  There exists an immediate need to approve Change Order Nos. 005 through 016, inclusive, to Contract No. DCAM-12-M-1031H-FM with MCN Build, LLC for design-build services for Powell Elementary School and to authorize payment in the aggregate amount of $11,292,587.82 for the goods and services received and to be received under the change orders. 

            (b)  The underlying contract was approved by the Council pursuant to CA20-0106.  Subsequently, Change Order Nos. 001 and 002 were issued; Change Order No. 002 required the approval of the Council and was approved pursuant to B20-798.  Subsequently, Change Order Nos. 003 and 004 were issued; Change Order No. 004 required the approval of the Council and was approved pursuant to B21-198.  Thereafter, the Department of General Services issued Change Order Nos. 005 through 015, which had a total aggregate value of $975,018.82; thus, Council approval was not required.    

            (c) The Department of General Services now seeks to issue Change Order No. 016, in the amount of $10,317,587.82. 

(d)  Council approval of Change Order Nos. 005 through 016, inclusive, 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), because these change orders increase the contract amount by more than $1,000,000 during a 12-month period.

(e)  Approval is necessary to allow the continuation of these vital services.  Without this approval, MCN Build, LLC cannot be paid for services provided pursuant to Change Order Nos. 005 through 016, inclusive, to the contract.

 

            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 to Contract No. DCAM-12-M-1031H-FM Approval and Payment Authorization Emergency Act of 2016 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.