District of Columbia Council Period 25 Status: Enacted

B 25-0238 — Modification Nos. 2 and 3 to Contract No. DCAM-22-AE-0007 with BELL Architects, P.C. Approval and Payment Authorization Emergency Act of 2023

Last action — Act A25-0079 Published in DC Register Vol 70 and Page 006137, Expires on Jul 23, 2023

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This bill has been enacted into law. Introduced March 31, 2023. Enacted.

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Bill Text

What changed in the latest version

36 added · 747 removed

Plain-language change summary

The updated version of the bill adds specific language about the approval of contract modifications and the payment authorization for architectural and engineering services related to the DC Infrastructure Academy project at Spingarn High School. It sets a payment limit of $4,466,928 for the services provided. This matters because it ensures that the project can move forward with the necessary funding and contract changes to support the construction and development of the academy.

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MURIEL BOWSER MAYOR March 29, 2023 The Honorable Phil Mendelson Chairman Council of the District of Columbia John A.
ENROLLED ORIGINAL AN ACT __________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________ To approve, on an emergency basis, Modification Nos.
Wilson Building Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council of the District of Columbia is an emergency bill, the “Modification Nos.
DCAM-22-AE-0007 with BELL Architects, P.C.
DCAM-22-AE- between the Department of General Services and BELL Architects, P.C.
Approval and Payment Authorization Emergency Act of 2023”, and the accompanying emergency declaration resolution.
to provide architectural and engineering services architectural and engineering services for DC Infrastructure Academy at Spingarn High School, and to authorize payment for the services received and to be received under the contract.
The legislation will approve modifications to a contract for architectural and engineering services for DC Infrastructure Academy at Spingam High School with BELL Architects, P.C.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as “Contract No.
and will authorize payment to BELL Architects, P.C.
DCAM-22-AE-0007 Modification Nos.
for services received and to be received under the contract.
2 and 3 with BELL Architects, P.C.
If you have any questions regarding this legislation, please contact Keith A.
Anderson, Director, Department of General Services (“DGS”), or have your staff contact George G.
Lewis, DGS’s Chief of Contracts and Procurement, at (202) 727-2800.
Sincerely, /Chairman Phil Mendelson at the request of the Mayor A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To approve, on an emergency basis, Modification Nos.
2 and 3 to Contract No.
DCAM- 22-AE-0007 with BELL Architects, P.C.
to provide architectural and engineering services for DC Infrastructure Academy at Spingam High School, and to authorize payment for the goods and services received and to be received under the modifications.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as “Modification Nos.
2 and 3 to Contract No.
DCAM-22-AE- 0007 with BELL Architects, P.C.
Official Code § 1-204.51), and notwithstanding the requirements of section 202(a) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C.
Official Code § 1-204.51), and notwithstanding the requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8, (D.C.
Official Code § 2-352.02(a)), the Council approves Modification Nos.
Official Code § 2-352.02), the Council approves Modification Nos.
to provide architectural and engineering services for DC Infrastructure Academy at Spingarn High School and authorizes payment in the amount of $4,466,928.00 for the goods and services received and to be received under the modifications.
to provide architectural and engineering services for DC Infrastructure Academy at Spingarn High School and authorizes payment in the not-to-exceed amount of $4,466,928 for the services received and to be received under the contract.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
Official Code § l-204.12(a)).
Official Code § 1-204.12(a)).
BUILD = DGS MAINTAIN DEPARTMENT OF SUSTAIN GENERAL SERVICES Pursuant to Section 202(c-l) of the Procurement Practices Reform Act of 2010, as amended, D.C.
______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 2
Official Code § 2-352.02(c-l), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY (Tipping) Contract No.
DCAM-22-AE-RFP-0007, Modification No.
2 and Proposed Modification No.
3 for Architectural and Engineering Services DC Infrastructure Academy at Spingarn High School (A) Contract Number:
DCAM-22-AE-0007 (the “Contract”) Proposed Contractor:
BELL Architects, P.C.
(the “Contractor”) Contract Amount:
$542,713.00 Modification No.
2 Amount:
$454509.00 Aggregated Amount of Contract and Modification No.
2:
$997,222.00 Proposed Modification No.
03:
$3,469,706.00 Total Proposed Contract Amount:
$ 4,466,928.00 Term of Contract:
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March 2, 2022 through December 31,2024.
Type of Contract:
Firm Fixed Price Source Selection Method:
Competitive Request for Proposals (“RFP”) (B) For a contract containing option periods, the contract amount for the base period and for each option period.
If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference:
Not Applicable.
(C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract:
Government of the District of Columbia Ji Department of General Services | dgs.dc.gov < f © ©dcd 14'" Street NW, 8lh Door, Washington, DC 20009 Page 2 of 8 Under the Contract for Architectural and Engineering Services DC Infrastructure Academy at Spingarn High School (DCAM-22-AE-0007) (the “Contract”), the Contractor provides all planning, programming, assessment, and architectural and engineering services necessary to modernize a portion of the Joel Elias Spingam High School to serve as the new home of the DC Infrastructure Academy (“DCIA”), located 2500 Benning Road, NE, Washington, DC, (the “Project”).
The A/E will be required to provide all the design services necessary to implement the Project and to produce the required deliverables.
The A/E will be required to conduct site conditions assessments, develop a program, concept design, schematic design, design development, and a set of construction documents in accordance with the scope.
A contract with the Contractor was executed by the Department of General Services (the “Department”) on March 2, 2022 (the “Contract”).
Modification No.
1 extended the Contract’s Final Completion Date to September 30, 2024 and Administrative Term Date to December 31, 2024.
Modification No.
2 Increased the Contract's Not to Exceed amount from $542,713.00 by $454,509.00 to $997,222.00 The proposed Modification No.
3, if approved, will increase the Contract's Not to Exceed amount by $3,469,706.00.
The Contractor’s scope of work will consist of the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
Since the aggregate amount of the Contract, Modification No.
2 and proposed Modification No.
3 exceed $1 million, Council approval is required.
(D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components:
On July 19, 2021, the Department posted the Request for Proposals ("RFP") on the Department’s website for offerors interested in serving as the architect/engineer lor DC Infrastructure Academy at Spingarn High School located at 2500 Benning Road, NE, Washington, DC 20002.
Two (2) Addenda were issued.
Addendum No.
1 - Issued on July 21, 2021:
The proposal due date was extended from August 13, 2021 to 2:00 p.m.
on August 19, 2021.
- DGS solicitation portal link was provided for submission of proposals The Pre-Proposal Conference was rescheduled for July 23, 2021 at 1:00 a.m.
and the site visit was rescheduled for July 29, 2021, at 9:00 a.m.
The last day for questions was rescheduled to August 3, 2021 at 2:00 pm ★ > * Department of General Services 2000 14th Street, NW, Washington D.C.
20009 Mnw MSSB Page 3 of 8 Addendum No.
2 - Issued on August 12, 2021:
Answers to the questions were provided Revised Form of Offer Letter was provided Revised Insurance Requirements were provided On the Proposals’ due date, August 19, 2021, ten (10) Finns (collectively, the "Offerors" and each individually, an "Offeror") submitted Proposals in a timely manner.
Technical Evaluation:
Proposals were examined to determine whether or not they met all the requirements of the RFP.
Proposals were then scored on a scale of zero (0) to one hundred twelve (112) points.
The (112) points include (100) points for the technical criteria and up to (12) points based on the Offeror’s status as a CBE.
Certified Business Enterprise Preference Points:
In addition to the price and technical scoring, a certain number of points were available for each Offeror based on its status as a Certified Business Enterprise (“CBE”) as determined by the Department of Small and Local Business Development (“DSLBD”).
The Contractor was so certified and received points accordingly.
Contracting Officer’s Independent Evaluation:
The DGS Contracting Officer, after carefully reviewing the evaluation process followed by the Panel, their notes and scoresheets, and their final consensus technical evaluation, conducted an independent assessment of each of the proposals.
In addition, the Contracting Officer also found the proposed pricing to be fair and reasonable.
Thus, the Contracting Oi ficer awarded the Contract to the Contractor.
In addition, the Contracting Officer also found the proposed pricing to be fair and reasonable.
The Contractor was the highest scoring Offeror;
thus, the Contracting Officer awarded the Contract to the Contractor.
Contract Award:
By award memorandum executed on December 22, 2021, the Department awarded Contract No.
DCAM-22-AE-0007 to the Contractor as such award would be most advantageous to the District.
(E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District.
Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest:
The award of the Contract was not protested.
T?ar* * ★ * Department of General Services 2000 14th Street, NW, Washington D.C.
20009 w Ah inCi ON HUH ■nan Page 4 of 8 (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract:
BELL Architects, P.C.
is a certified Small Business Enterprise (“SBE”), Washington, DC based firm and has performed satisfactorily on previous projects with the District.
The Contractor provides complete professional architectural services and is dedicated to pursuing design excellence across a range of project types and scales.
The Contractor possesses the financial stability to successfully perform the Project and has provided a staffing plan for the Project which has been reviewed and approved by the Department.
The Contractor has been determined responsible in accordance with 27 DCMR 4706.1.
(G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective:
The period of perfonnance associated with the Contract No.
DCAM-22-AE-0007 and Modification No.
1 is from March 2, 2022 Through December 31, 2024.
The proposed Modification No.
03 will become effective upon approval by the Council and execution by the Department.
(H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review:
Contract No.
DCAM-22-AE-0007 was executed by the Department of General Services (the “Department”) on March 2, 2022 (the “Contract”).
Modification No.
1 to the Contract, executed on April 19, 2022, extended the Contract’s Final Completion Date to September 30, and Administrative Term Date to December 31, 2024.
Modification No.
2 to the contract Increased the Contract's Not to Exceed amount from $542,713.00 by $454,509.00 to $997,222.00 The total value of the services provided to date under the Contract is $997,222, which represents the not-to-exceed (“NTE”) amount established by the Contract.
(I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded:
The proposed Modification No.
3, if approved, will increase the Contract’s Not to Exceed amount by $3,469,706.00.
The Contractor’s scope of work will consist of the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
(J) Date on which the contracting officer was notified of the proposed change:
January 23, 2023 via PR number PR-009756.
* ★ ★ ★ Department of General Services 2000 14th Street, NW, Washington D.C.
20009 WE ARE ■ram Page 5 of 8 (K) The reason why the proposed change was sent to Council for approval after it is intended to take effect:
Contract No.
DCAM-22-AE-0007 and Modification No.
2 was not previously submitted to Council for approval because the total value did not exceed $1 million.
However, proposed Modification No.
3 would tip the amount of the Contract No.
DCAM-22-AE-0007 and modifications over $1 million;
thus, Council approval of the Contract and the modifications is required.
(L) The reason for the proposed change:
The proposed Modification No.
3, if approved, will increase the Contract's Not to Exceed amount by $3,469,706.00.
The Contractor’s scope of work will consist of the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
(M) The legal, regulatory, or contractual authority for the proposed change:
Articles 6 of the Department’s Standard Contract Provision (Architectural and Engineering Services) provide authority for the issuance of modifications.
Additionally, as the contract, Modification Nos.
2 and 3 would increase the total Contract value over $1 million, this contract action is subject to the requirements of the District of Columbia Home Rule Act, codified at D.
C.
Official Code § 1-204.51(b).
Thus, Council review and approval of the proposed contract action are required under the District of Columbia Home Rule Act, and the proposed contract action would be authorized by Council’s enactment of “Contract, Modification Nos.
2 and 3 to Contract No.
DCAM-22-AE-0007 with BELL Architects, P.C.
Approval and Payment Authorization Emergency Act of 2022” pursuant to D.C.
Official Code § 2-352.02(c-2).
(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C.
Official Code § 2-218.01 et seq.
(“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSZXR37245052024).
Notwithstanding the foregoing, the Contractor has submitted its subcontracting plan as required by law.
(O) Performance standards and the expected outcome of the proposed contract:
* * ★ Department of General Services 2000 14,h Street, NW, Washington D.C.
20009 Page 6 of 8 The Department is implementing the Project through a design-bid-build approach.
The Contractor’s scope of work will consist of the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
(P) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval:
On March 2, 2022 a contract with the Contractor was executed by the Department of General Services, Modification No.
2 to the contract Increased the Contract's Not to Exceed amount from $542,713.00 by $454,509.00 to $997,222.00 The total value of the services provided to date under the Contract is $997,222, which represents the not-to-exceed (“NTE”) amount established by the Contract.
The amount of Contract No.
DCAM-22-AE-0007 and Modification No.
2 was less than $1 million, thus Council’s approval was not required.
(Q) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C.
Official Code §§ 47-392.01 and 47-392.02:
The aggregate total NTE amount of Contract No.
DCAM-22-AE-0007, Modification No.
2 and proposed Modification No.
3 is within the appropriated budget authority for the agency, for the fiscal year.
The Agency Fiscal Officer has certified that total aggregate amount of the contract, Modification Nos.
2 and the proposed Modification No.
3 is consistent with the financial plan and budget adopted in accordance with D.C.
Official Code §§ 47-392.01 and 47-392.02.
The relevant Fiscal Sufficiency certification accompanies this Council Package.
(R) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District:
The Contract No.
DCAM-22-AE-0007, Modification No.
2 and proposed Modification No.
3 have been deemed legally sufficient by the District’s Office of the Attorney General.
The Contractor does not appear to have any currently pending legal claims against the District.
(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes.
If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either:
(1) a certification that the contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C.
Official Code § 2-353.01(b):
WE ARE * * * Department of General Services 2000 14th Street, NW, Washington D.C.
20009 HHOHi Page 7 of 8 The Citywide Clean Hands database indicates that the Contractor is current with its District taxes.
The applicable Clean Hands certification for the Contractor accompanies this Council Package.
(T) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is in compliance with federal tax laws.
(U) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended;
D.C.
Official Code § 2- 218.01 et seq.:
According to the DSLBD’s website, the Contractor is a certified Local Business Enterprise.
The Contractor’s CBE Number is LSZXR37245052024 with an expiration date of May 3, 2024.
(V) Other aspects of the proposed contract that the Chief Procurement Officer considers significant:
Not Applicable.
(W)A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of Columbia or the Federal Government according to the Office of Contracts and Procurement’s Excluded Parties List and the Federal Government’s Excluded Parties List.
(X) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C.
Official Code § 2-352.05 (privatization contracts):
Not Applicable.
(Y) Where the contract, and any amendments or modifications, if executed, will be made available online:
Contract award information, Contract No.
DCAM-22-AE-0007 and Modification No.
2 aic available on the Department’s website.
A copy of the proposed Modification No.
3 (if approved) will be made available.
W| Al * * * Department of General Services 2000 14th Street, NW, Washington D.C.
20009 ■asn Page 8 of 8 (Z) Where the original solicitation, and any amendments or modifications, will be made available online:
The original solicitation and any amendments were posted on the Department’s website.
(AA) A notation identifying:
(i) whether the Contractor is a covered contractor, as that term is defined in D.C.
Official Code § 1-1161.01;
and (ii) to which prohibited recipients, as that term is defined in D.C.
Official Code § l-1161.01(45D), the Contractor is prohibited from making campaign contributions and during what prohibited period, as that term is defined in § l-1161.01(45C).
Not Applicable.
This Contract was executed prior to the November 9, 2022, effective date of D.C.
Law 22-250.
WE AR* * ★ ★ Department of General Services 2000 14th Street, NW, Washington D.C.
20009 mm ■M Government of the District of Columbia Office of the Chief Financial Officer 1101 4lh Street, SW Office of Tax and Revenue Washington, DC 20024 Date of Notice:
March 8, 2023 Notice Number:
L0009232758 BELL ARCHITECTS PC FEIN:
**-***6101 9TH ST NW Case ID:
1437506 WASHINGTON DC 20001-4202 CERTIFICATE OF CLEAN HANDS As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Office of Tax and Revenue or the Department of Employment Services.
As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore this Certificate of Clean Hands is issued.
TITLE 47.
TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES CHAPTER 28 GENERAL LICENSE SUBCHAPTER II.
CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT D.C.
CODE § 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT Authorized By Melinda Jenkins Branch Chief, Collection and Enforcement Administration To validate this certificate, please visit MyTax.DC.gov.
On the MyTax DC homepage, click the “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
4th Street SW, Suite W270, Washington, DC 20024/Phone:
(202) 724-5045/MyTax.DC.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ★ ★ ★ ★ ★ ★ WE ARE DG.S BUILD— WASHINGTON MAINTAIN EK SUSTAIN Memorandum To:
Keith A.
Anderson Director From:
Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference:
Contract No.
DCAM-22-AE-0007 Architectural And Engineering Services for DC Infrastructure Academy at Spingam High School Date:
March 2, 2023 Subject:
Fiscal Sufficiency Certification In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”), I hereby certify that the Contract for Architectural and Engineering Services for DC Infrastructure Academy at Spingam High School (DCAM-22-AE-0007) (the “Contract”), with BELL Architects, P.C.
(the “Contractor”), in the amount of $4,466,928.00 is consistent with the Department’s current budget and that adequate funds are available in the budget for the expenditure.
Per the Department’s Contracts & Procurement team, on March 1,2022, the Contract was executed by the Department, with an initial Not-to-Exceed amount of $542,713.00.
Subsequently, Modification No.
2 to the Contract increased the Not-to-Exceed amount to $997,222.00.
The proposed Contract increase of $3,469,706.00 is to provide the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
The proposed increase to the Contract value exceeds $1 million, therefore Council approval is required for this Contract action.
Contract value sums of $1 million or more must be approved by Council.
If approved, the total Contract amount will be $4,466,928.00 ($997,222.00 + $3,469,706.00).
Fiscal Sufficiency Review DCAM-22-CS-SS-0007 Architectural and Engineering Services for the New Archive Building for the District of Columbia The Department of General Services (DGS - Implementing AGY) has $4,466,928.00 in the Department of Employment Services (DOES - Owner AGY) cumulative capital budget allotment balance.
The PASS information is attached/ below.
Project Name Project AY Fund Imp.
Owner RK/PO Amount Comments Number Detail AGY AGY DC Infrastructure Academy SNTRCC 2018 0300 AMO CFO PO661447 $542,713.00 DC Infrastructure PO661447- Academy SNTRCC 2018 0300 AMO CFO V2 $454,509.00 AM0.SNTRCC.DC INFRASTRUCTUR 100240 N/A 3030300 AMO CFO RK237140 $3,469,706.00 E ACADEMY Total $4,466,928.00 Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Page 2 of 7 GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL Legal Counsel Division MEMORANDUM TO:
Tommy Wells Director Office of Policy and Legislative Affairs FROM:
Megan D.
Browder Deputy Attorney General Legal Counsel Division DATE:
March 15,2023 SUBJECT:
Legal Sufficiency Review of the “Contract No.
DCAM-22-AE-0007 Modification Nos.
and 3 with BELL Architects, P.C.
Approval and Payment Authorization Emergency Act of 2023” and Accompanying Declaration Resolution (AE-23-183) This is to Certify that this Office has reviewed the above-referenced legislation and that we have found it to be legally sufficient.
If you have any questions in this regard, please do not hesitate to call me at (202) 724-5524.
Megan D.
Browder Pennsylvania Avenue, N.W., Suite 409, Washington, D.C.
20004 Phone (202) 724-5524 Email:
mcgan.browdcr@dc.gov 1.
Contract Number Page of Pages MODIFICATION OF CONTRACT DCAM-22-AE-0007 ________1 2 2.
Modification Number 3.
Effective Date 4.
Requisition/Purchase Request No.
5.
Caption AE Services DC Infrastructure ________ Modification No.
1________ See Block 16C ____________N/A______________ Academy at Spingarn High School 6.
Issued By:
7.
Administered By (If other than line 6) Department of General Services Department of General Services Contracting and Procurement Division Capital Construction Division 14th Street, 4th Floor 1250 U Street, 4th Floor Washington, DC 20009 Washington, DC 20009 8.
Name and Address of Contractor (No.
Street, city, country, state and ZIP Code) 9A.
Amendment of Solicitation No.
Bell Architects 9B.
Dated (See Item 11) 9th Street NW Washington, DC 20001 IOA.
Modification of Contract/Order No.
Attn:
T.
David Bell X DCAM-22-AE-0007_______________________________ David.bell(a)bellarchitects.com IOB.
Dated (See Item 13) March 1, 2022 11.
THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS _________ |The above numbered solicitation is amended as set forth in Item 14.
The hour and date specified for receipt of Offers | [is extended ] Jis not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment:
(b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or fax which includes a reference to the solicitation and amendment number.
FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.
If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12.
Accounting and Appropriation Data (If Required) 13.
THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, ______________________ IT MODIFIES THE CONTRACT/ORDER NO.
AS DESCRIBED IN ITEM 14____________________ A.
This change order is issued pursuant to:
(Specify Authority) The changes set forth in Item 14 are made in the contract/order no.
in item 10A.
B.
The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.) set forth in item 14.-------------------------------------------------------------------------------------------------------------------------------------- C.
This supplemental agreement is entered into pursuant to authority of:
D.
Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract DCAM-22-AE-0007 X E.
IMPORTANT:
Contractor | |is nof | 'X |is required to sign this document and return 1 copy to the issuing office.
14.
Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract No.
DCAM-22-AE-0007, AE Services DC Infrastructure Academy at Spingarn High School ('the Project") is hereby modified as follows:
1.
Final Completion Date:
Final Completion Date hereby established as September 30, 2024, 2.
Administrative Term Date:
Administrative Term Date hereby established as December 31, 2024.
3.
Terms & Conditions:
All other Terms and Conditions remain unchanged.
4.
RELEASE:
It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
15A.
Name and Title of Signer (Type or print) 16A.
Name of Contracting Officer T.
David Bell, President___________ George G.
Lwels, CPPO 15B.
Bell Architects, PC 15C.
Date Signed 16B.
District of Columbia 16C.
Date Signed Digitally signed by T.
David Bell.
FAIA ■ m L D PC N , o c u n .
= e r m .
D a a il= vi d d a B v e ld ll, .
b F e A l I l A « .
i B o t - l B L> E 'c l h l A lte r c c t h s i .
t c e o c m t.
, 4.19.22 C=US 4/14/2022 Dale:
2022.04.) 4 09:26:44 WOO' (jcoi^c Aavij.
(PPPO (Signature of Contracting Officer) /Signature of person authorized Io sign) (Continuation) Modification No.
Page of Pages DCAM-22-AE-0007 Modifcation No.
1 2 of 2 Contract Recap:
Contract Executed Executed on 03/01/2022 $542,713.00 Modification No.
1 Administrative $0 Total Contract Amount $542,713.00 1.
Contract Number Page of Pages MODIFICATION OF CONTRACT _________DCAM-22-AE-0007 1 | 1 2.
Modification Number 3.
Effective Date 4.
Requisition/Purchase Request No.
5.
Caption A/E Services DC Infrastructure ___________ Modification 2___________ See Block 16C TBD Academy at Spingarn High School 6.
Issued By:
7.
Administered By (If other than line 6) Department of General Services Department of General Services Contracting and Procurement Division Capital Construction Division U Street, NW 2nd Floor 1250 U Street, 3rd Floor Washington, DC 20009 Washington, DC 20009 Attn;
Robert Cooper________________________________________ 8.
Name and Address of Contractor (No.
Street, city, country, state and ZIP Code) 9A.
Amendment of Solicitation No.
Bell Architects, PC 9B.
Dated (See Item 11) 9th Street NW Washington, DC 20001 IDA.
Modification of Contract/Order No.
DCAM-22-AE-0007________________________________ X 10B.
Dated (See Item 13) March 2, 2022_____________________________________ _______________11- THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS _________ [The above numbered solicitation is amended as set forth in Item 14.
The hour and date specified for receipt of Offers |__ jis extended.
| [is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment:
(b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or fax which includes a reference to the solicitation and amendment number.
FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.
If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.______________________________________________ 12.
Accounting and Appropriation Data (If Required) 13.
THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, __________________IT MODIFIES THE CONTRACT/ORDER NO, AS DESCRIBED IN ITEM 14_____________________ A.
This change order is issued pursuant to:
(Specify Authority) The changes set forth in Item 14 are made in the contract/order no, in item IDA.___________________________________________ B.
The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.) set forth in item 14.________________________________ C.
This supplemental agreement is entered into pursuant to authority of:
Title 27 DCMR Sections 4728 and Contract DCAM-22-AE-0007 X D.
Other (Specify type of modification and authority) E.
IMPORTANT:
Contractor | [is not | X [is required to sign this document and return 1 copy to the issuing office.
14.
Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract No.
DCAM-22-AE-0007 to provide A/E Services for the DC Infrastructure Academy at Spingarn High School is hereby modified as described below:
The Contractor shall provide Task 4 services as described in the Contractor's proposal (Attachment A) and further described in Section 2.2, Schematic Design, of the Contract.
The Contractor shall complete approximately 60% of the Schematic Design Phase.
Section 4, Compensation.
The price for this portion of the Task 4 services is $454,409.
The Contract's Not to Exceed amount is therefore increased from $542,713 by $454,409 to $997,222.
Complete Settlement.
It is mutually agreed that, with the exception of the remnaining Task 4 requirements, in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out, as a consequences or result of, relating to or in any manner connected with the Modification, the All other terms and conditions remain unchanged.
15A.
Name and Title of Signer (Type or print) 16A.
Name of Contracting Officer T.
David Bell, President James H.
Marshall_____________ 15B.
Name of Contractor 15C.
Date Signed 16B.
District of Columbia 16C.
Date Signed 8/26/2022 8/25/2022 i (signature~ot person authorized to sign) (Signature of Contracting Officer) DCAM-22-AE-0007 Modification 2 A/E Services DC Infrastructure Academy at Spingarn High School Attachment A architects June 2022 Robert C.
Cooper Project Manager Capital Construction Services Department of General Services U Street, NW, 4th Floor Washington, DC 20009 RE:
Potential Change Order:
BELL Architects-001 DCAM-22-AE-0007 PO661447 -DOES-000004-RENO DCIA Renovation - AE Services Dear Robert, The following is a potential change order modification for AE design services.
In order to keep the project on schedule and continue to provide design and consulting services through the summer, we propose the schematic design phase proceed under task 4 with the expectation that approximately 60% of the schematic phase can be accomplished within the limits of the letter contract restrictions.
We propose to include the following:
• Architectural design • MEP/FP design • Structural design • Civil site and SWM design • Landscape design • Geotechnical investigation for infiltration and structural capacity • HazMat abatement specifications as an early release package independent of the building permit (note:
the original contract included HazMat investigation by ECS, which was done directly through DGS.
The remaining fees would be preprogrammed for abatement documents that could be bid and executed) • Fire hydrant flow test • Required meetings with DC Water, DDOT, and DOEE • Begin to assemble information for EISF .
Prepare exhibits and attend hearings for CFA (1), HPRB (1), and community groups (2), expected in September • Attend a preliminary design review meeting (PDRM) with DCRA We have excluded AV/IT/Security, and value engineering from this portion of the schematic phase, which would be accomplished during the latter part of this phase.
Cost estimating and archaeology have been excluded as not required going forward.
SWM at the education campus is specifically excluded.
Sincerely, BELL Ardhitecta, PC t:
Be C FAIA, LEEDap President cc:
Kyra Tallon architecture planning preservation sustainable design www.BELLarchitects.com 1228 9th Street NW, Washington, DC 200001 202-548-7570 Agreement Overview This proposal is a proposed change order (PCO) to the current letter contract, dated 3/2/2022.
Professional Fees and Direct Costs The following fixed fees, which will be invoiced on a percentage completion basis, in accordance with the letter contract.
The proposed fee modification is $454,509 and are expected to take the design services through September, 2022.
54.66% CBE percentage of total letter contract c CU3 m Tn Previously QJ fN n >■ approved o a;
TOTAL fees for nj E E Letter TASKS £ x - u Ci 2 <D Contract 1,2, and 3 tn’ o- 2 o) Q.
S non-CBE CBE value COMBINED :
2- Q.
$88,084 BELL Architects (design management) 88,084 45,315 42,769 $274,428 BELL Architects (67% of arch/int) 274,428 145,300 129,128 $245,343 VMDO (33% of arch/int) 245,343 87,520 157,823 $39,219 Silman-Structural 39,219 8,000 31,219 $74,223 CMTA- MEP/FP 74,223 40,500 33,723 $4,919 Polysonics- AV/IT/Security 4,919 4,919 0 $51,500 Nitsch-Civil Engineering SWM plan 51,500 51,500 0 WMC-Civil Site Engineering, Survey, 57,505 33,505 24,000 $57,505 Utility 28,518 22,220 6,298 $28,518 LAB-Landscape Architecture 14,100 14,100 0 $14,100 ECS-Environmental abatement 24,000 0 24,000 $24,000 ECS-Geotechnical 20,634 20,634 0 $20,634 EAC/Archaeology Phase I 19,200 19,200 ____ 0 $19,200 MGAC-Cost Estimating TOTAL A-E Fees (excluding allowances) 941,672 492,713 448,959 $8,000 Allowance Printing, administrative* 8,000 5,000 3,000 Permits, application fees, documents, $47,550 etc.:
47,550 45,000 2,550 $452,169 $545,053 TOTAL A-E Fees (including allowances) 997,222 542,713 454,509 Fee Schedule Notes 1.
The table indicates the current contract value to date for tasks 1, 2, and 3 (grey column above).
The letter contract modification, as requested by Jeff Bonvechio, will take to project through approximately 60% of the schematic design phase under task 4, which will bring the total letter contract value to $997,222, including allowances for expenses.
2.
The CBE prime fee represents approximately 36% of the total fees.
3.
This proposal is valid for thirty (30) calendar days after submission to the Client, unless stated otherwise.
| Page 2 1.
Contract Number Page of Pages MODIFICATION OF CONTRACT DCAM-22-AE-0007 _______1_ 2 2.
Modification Number 3.
Effective Date 4.
Requisition/Purchase Request No.
5.
Caption AE Services DC Infrastructure Academy at _________Modification No.
3__________ See Block 16C __________RK237140_____________ Spingarn High School 6.
Issued By:
7.
Administered By (If other than line 6) Department of General Services Department of General Services Contracting and Procurement Division Capital Construction Division 14th Street, 4th Floor 1250 U Street, 4th Floor Washington, DC 20009 Washington, DC 20009 8.
Name and Address of Contractor (No.
Street, city, country, state and ZIP Code) 9A.
Amendment of Solicitation No.
Bell Architects 9B.
Dated (See Item 11) 9th Street NW Washington, DC 20001 IOA.
Modification of Contract/Order No.
Attn:
T.
David Bell X DCAM-22-AE-0007__________________________________ David.bell@bellarchitects.com IOB.
Dated (See Item 13) March 2, 2022_______________________________________ 11.
THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS _________ |The above numbered solicitation is amended as set forth in Item 14.
The hour and dale specified for receipt of Offers |___|is extended.
|___|is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment:
(b) By acknowledging receipt of this amendment on each copy of the offer submitted:
or (c) By separate letter or fax which includes a reference to the solicitation and amendment number.
FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.
If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.______________________________________________ 12.
Accounting and Appropriation Data (If Required) 13.
THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, ___________________________IT MODIFIES THE CONTRACT/ORDER NO.
AS DESCRIBED IN ITEM 14_______________________ A.
This change order is issued pursuant to:
(Specify Authority) The changes set forth in Item 14 are made in the contract/order no.
in item 10A.
B.
The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.) set forth in item 14.______________________________________________________________________________________ C.
This supplemental agreement is entered into pursuant to authority of:
D.
Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract DCAM-22-AE-0007 X E.
IMPORTANT:
Contractor |___| is not, | 'X | is required to sign this document and return 1 copy to the issuing office.
14.
Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract No.
DCAM-22-AE-0007, AE Services DC Infrastructure Academy at Spingarn High School ('the Project") is hereby modified as follows:
1.
For avoidance of any confusion, the correct increased amount in Mod No.
2 is $454,509.
The Not-to-Exceed amount of $997,222 provided in Mod No.
2 is correct.
2.
The Contractor shall Continue A/E Services through the project completion.
Services entail the completion the schematic design phase proceeding under task 4.1.
Subsequent phases include 4.2 Design Development (70%), 4.3 Construction Documents (90% GMP), 4.4 Construction Documents (IFC), 5.1 Bid Phase support, 6.1 Construction Administration, and 6.2 Post Construction services.
3.
Section 4, Compensation.
The Contract's Not to Exceed amount is increased from $997,222.00 by $3,469,706.00 to$4,466,928.00.
4.
Terms & Conditions:
All other Terms and Conditions remain unchanged.
RELEASE- It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
15A.
Name and Title of Signer (Type or print) 16A.
Name of Contracting Officer T.
David Bell, President____________ Obaidullah Ranjbar__________ 15B.
Bell ArchitectsfPC 15C.
Date Signed 16B.
District of Columbia 16C.
Date Signed 3/17/2023 — (Signature of Contracting Officer) (Signature or person authorized to sign) (Continuation) Modification No.
3 Page of Pages DCAM-22-AE-0007 Modifcation No.
3 2 of 2 Contract Recap:
View plain text versions (2)

Action History

  1. Act A25-0079 Published in DC Register Vol 70 and Page 006137, Expires on Jul 23, 2023

  2. Returned from Mayor

  3. Signed by the Mayor and Enacted with Act Number A25-0079, Expires on Jul 23, 2023

  4. Transmitted to Mayor, Response Due on Apr 25, 2023

  5. Final Reading, CC

  6. Retained by the Council with comments from the Committee on Facilities and Family Services

  7. B25-0238 Introduced by Chairman Mendelson at Office of the Secretary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 13 not signed on

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Reading, CC

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Anita Bonds — Yea
Brianne K. Nadeau — Yea
Brooke Pinto — Yea
Charles Allen — Yea
Christina Henderson — Yea
Janeese Lewis George — Yea
Kenyan R. McDuffie — Yea
Matthew Frumin — Yea
Phil Mendelson — Yea
Robert C. White, Jr. — Yea
Trayon White, Sr. — Yea
Vincent Gray — Yea
Zachary Parker — Yea

Subjects

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Frequently asked questions

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B 25-0238 is sponsored by Phil Mendelson.
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This bill has been enacted into law. Introduced March 31, 2023. Enacted.
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