5594201 Resolution 21-209, Change Order Nos. 002 through 004 to Contract No. DCAM-13-CS-0061E Approval and Payment Authorization Emergency Declaration Resolution of 2015

A RESOLUTION

                                                        

21-209

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

July 14, 2015         

                                                                                                                                             

 

To declare the existence of an emergency with respect to the need to approve Change Order Nos. 002 through 004 to Contract No. DCAM-13-CS-0061E for design-build services for Shepherd Elementary School, and to authorize payment to Turner Construction Company in the aggregate amount of $10,574,896.36 for the goods and services received and to be received under these change orders.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Change Order Nos. 002 through 004 to Contract No. DCAM-13-CS-0061E Approval and Payment Authorization Emergency Declaration Resolution of 2015”.

 

            Sec. 2.(a)  There exists an immediate need to approve Change Order Nos. 002 through 004 to Contract No. DCAM-13-CS-0061E, the Contract for Design-Build Services for Shepherd Elementary School, in the aggregate amount of $10,574,896.36 and to authorize payment for the goods and services to be received from Turner Construction Company (“Turner”) under these change orders. 

            (b) In the summer of 2013, the Council approved the underlying contract with Turner (CA20-0132) for Phase A to provide design-build services for the modernization of Shepherd Elementary School. Last year, the Council approved Change Order No. 001 (CA20-0404) to establish a Phase B1 Guaranteed Maximum Price (“GMP”). Thereafter, the Department of General Services issued Change Order No. 002 ($28,675.36) and Change Order No. 003 ($950,000). The aggregate value of these change orders was less than $1 million; thus, Change Order Nos. 002 through 003 did not require Council approval.    

            (c) Change Order No. 004 will establish a GMP for Phase B2 and will cause the aggregate value of the change orders issued, after Council’s last approval of the Phase B1 GMP, to exceed $1 million. 

(d)  Council approval of Change Order Nos. 002 through 004 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 the Change Order will increase the total expenditures under Contract No. DCAM-13-CS-0061E by an amount in excess of $1 million during a 12-month period.

(e)  In addition, Council approval is necessary to compensate Turner Construction Company in the aggregate amount of $10,574,896.36 for goods and services received and to be received under the change orders.

 

            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 Order Nos. 002 through 004 to Contract No. DCAM-13-CS-0061E Approval and Payment Authorization Emergency Act of 2015 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.