MURIEL BOWSER MAYOR July 3, 2023 The Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 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. 3, 5, 8, and 10 to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. Approval and Payment Authorization Emergency Act of 2023", and the accompanying emergency declaration resolution. The legislation will approve current and proposed modifications to a contract with Consys, Inc. for construction services for the new W Street, NE bus terminal for the Office of the State Superintendent's Division of Transportation and will authorize payment to Consys, Inc. for goods and services received and to be received under the modifications. If you have any questions regarding this legislation, please contact Delano Hunter, Acting 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A BILL :;#~a 'chairmanPhil Mendelson at the request of the Mayor IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To approve, on an emergency basis, Modification Nos. 3, 5, and 8 and proposed Modification NolO to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. to provide construction services for the new W Street, NE bus terminal, 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. 3, 5, 8 and 10 to Contract No. DCAM- 21-CS-IFB-0002 with Consys, Inc. Approval and Payment Authorization Emergency Act of 2023". Sec. 2. 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), and in accordance with the requirements of section 202(a) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2- 352.02(a)), the Council approves Modification Nos. 3, 5, and 8 and proposed modification No. 10 to Contract No. DCAM-21-CS-IFB-0002, with Consys, Inc. to provide construction services for the new W Street, NE bus terminal for the Office of the State Superintendent of Education's Division of Student Transportation, and authorizes 33 payment in the amount of $3,771,505.81 for the goods and services received and to be 34 received under the modifications. 35 Sec. 3. Fiscal impact statement. 36 The Council adopts the fiscal statement of the Chief Financial Officer as the fiscal 37 impact statement required by section 4(a) of the General Legislative Procedures Act of 38 1975, approved October 16, 2006 (120 Stat. 2038; D. C. Official Code§ 1-301.47(a)). 39 Sec. 4. Effective date. 40 This act shall take effect following approval by the Mayor ( or in the event of veto 41 by the Mayor, action by the Council to override the veto), and shall remain in effect for 42 no longer than 90 days, as provided for emergency acts of the Council of the District of 43 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 44 December 24, 1973 (87 Stat. 788; D.C. Official Code§ 1-204.12(a)). 2 DGS DEPARTMENT OF GENERAL SE RVICES BUILD=: MAINTAIN SUSTAIN Pursuant to Section 202( c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code§ 2-352.02(c-1), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Tipping) Contract No. DCAM-21-CS-IFB-0002, Modification Nos. 3, 5 and 8, and Proposed Modification No. 10 for Construction Services for the New W Street, NE Bus Terminal for the OSSEDOT (A) Contract Number: Proposed Contractor: Contract Amount: Modification Nos. 3, 5 and 8 Amount: Aggregated Amount of Contract and Modification Nos. 3, 5 and 8: Proposed Modification No. 10: Total Proposed Contract Amount: Term of Contract: Type of Contract: Source Selection Method: DCAM-2 l-CS-IFB-0002 (the "Contract") Consys, Inc. (the "Contractor") $16,809,610.00 $974,091.91 $17,783,701.91 $2,797,413.90 $20, 581,115.81 July 21, 2022 ( date of execution of the Contract by the Department) through April 30, 2024 (Administrative Term Date). Lump Sum Price Competitive Sealed Bid (Invitation for Bids) (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. Government of the District of Columbia 4'I Department of General ~rvices I dgs.dc.gov 2000 14 11 ' Sreet NW, 8 th Floor, Washington, DC 20009 Page 2 of6 (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: Under the Contract for Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT (DCAM-21-CS-IFB-0002) (the "Contract"), the contractor shall provide all necessary construction services, supervision, permits, labor, supplies, equipment, materials and all other work necessary for the completion of the Project in accordance to the attached Drawings and Specifications documents. The Project shall greatly expand OSSE operations on this currently vacant and abandoned 2.5- acre site, providing the urban infrastructure required to fulfill the transportation and logistics demands of an increasing Washington DC student population. OSSE is the State Education Agency for the District of Columbia charged with raising the quality of education for all DC residents. OSSE serves as the District's liaison to the U.S. Department of Education and works closely with the District's traditional and public charter schools. A contract with the Contractor was executed by the Department of General Services (the "Department") on July 21, 2022 (the "Contract"). Modification Nos. 3, 5 and 8 increased the total contract amount by $974,091.91. Modification Nos. 1, 2, 4, 6, 7 and 9 were executed for administrative purposes. The proposed Modification No. 10, if approved, will increase the Contract's Not to Exceed amount by $2,797,413.90. The Contractor's scope of work will consist of VE Reimplementation Part 1 and Part 2; Prefabricated Fueling System; Elevator Materials Increase and Segmental Wall Geotech Services. Since the aggregate amount of the Contract, Modification Nos. 3, 5 and 8, and proposed Modification No. 10 exceed $1 million, Council approval is required. (D) 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. (E) 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: Consys, Inc. 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 construction services across a range of project types and scales. The Contractor ------------------------------------~,. * :.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 ~ Page 3 of6 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. (F) 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 performance associated with the Contract No. DCAM-21-CS-IFB-0002 and the proposed is from July 21, 2022 Through April 30, 2024. The proposed Modification No. 10 will become effective upon approval by the Council and execution by the Department. (G) 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-21-CS-IFB-0002 was executed by the Department of General Services (the "Department") on July 21, 2022 (the "Contract"). Modification Nos. 3, 5 and 8 increased the total contract amount while Modification Nos. 1, 2, 4, 6, 7 and 9 were executed for administrative purposes. The proposed Modification No. 10 will increase the contract amount to $20,581,115.81. The total value of the services provided to date under the Contract is 17,783,701.91, which represents the not-to-exceed ("NTE") amount established by the Contract. (H) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded: If approved, the aggregate total sum of Modification Nos. 3, 5, 8 and 10 would be $3,771,505.81. (I) Date on which the contracting officer was notified of the proposed change: May 5, 2023. (J) The reason why the proposed change was sent to Council for approval after it is intended to take effect: Modification Nos. 3, 5 and 8 was not previously submitted to Council for approval because the total value did not exceed $1 million. However, proposed Modification No. 10 would tip the amount of the Contract No. DCAM-21-CS-IFB-0002 over $1 million; thus, Council approval of the Contract and the modifications is required. (K) The reason for the proposed change: The proposed Modification No. 10, if approved, will increase the Contract's Not to Exceed amount by $2,797,413.90. The Contractor's scope of work will consist of VE * * .-------------------------------------.,.W .... EARf' == Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 OC Page 4 of6 Reimplementation Part 1 and Part 2; Prefabricated Fueling System; Elevator Materials Increase and Segmental Wall Geotech Services. (L) The legal, regulatory, or contractual authority for the proposed change: Articles 3 and 4 of the Department's Standard Contract Provisions (Construction Contracts) provide authority for the issuance of modifications. Additionally, as the contract, Modification No. 10 would increase the total Contract value over $1 million, this contract action is subject to the requirements of the District of Columbia Horne 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 Horne Rule Act, and the proposed contract action would be authorized by Council's enactment of "Contract, Modification Nos. 3, 5 and 8 and Proposed Modification No. 10 to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. Approval and Payment Authorization Emergency Act of 2022" pursuant to D.C. Official Code § 2- 352.02(c-2). (M) 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 ce1iified business enterprise in accordance with the Act (CBE Number: LSDZX52129122023). Notwithstanding the foregoing, the Contractor has submitted its subcontracting plan as required by law. (N) Performance standards and the expected outcome of the proposed contract: The District of Columbia Department of General Services awarded a Contract for the construction of the New W Street, NE Bus Terminal for the Office of State Superintendent of Education's Division of Transportation. The Contractor's scope of work consists of all necessary construction services, supervision, permits, labor, supplies, equipment, materials and all other work necessary for the completion of the Project in accordance with the Drawings and Specifications. (0) 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: Upon Council Approval (CA24-0218), on July 21, 2021 a contract with Consys, Inc. was executed by the Department of General Services. Modification Nos. 3, 5 and 8 to the contract Increased the Contract's Not to Exceed amount from $16,809,610.00 by $974,091.91 to $17,783,701.91. The amount of Modification Nos. 3, 5 and 8 was less than $1 million, thus Council's approval was not required. --------------------------------------...,.. :.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 ~ Page 5 of6 (P) 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-21-CS-IFB-0002, Modification Nos. 3, 5, 8 and proposed Modification No. 10 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. 3, 5 and 8 and the proposed Modification No. 10 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. (Q) 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-21-CS-IFB-0002, Modification Nos. 3, 5 and 8 and proposed Modification No. 10 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. (R) 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§ 2-353.0l(b): 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. (S) 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. (T) 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 LSDZX52129122023 with an expiration date of December 13, 2023. ------------------------------------.......... :.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D. C. 20019 ~ Page 6 of6 (U) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: Not Applicable. (V) 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. (W) 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. (X) Where the contract, and any amendments or modifications, if executed, will be made available online: Contract award information, Contract No. DCAM-21-CS-IFB-0002 and Modifications are available on the Department's website. A copy of the proposed Modification No. 10 (if approved) will be made available. (Y) 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. (Z) 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§ 1-1161.01(45D), the Contractor is prohibited from making campaign contributions and during what prohibited period, as that term is defined in§ 1-1161.01(45C). Based upon a certification from the Contractor, the Contractor has not been determined to be in violation ofD.C. Official Code§ 1-1163.34a. -------------------------------------..... :.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D. C. 20019 ~ * * * Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue Date of Notice: June 13, 2023 CONSYS rNC 732 KENNEDY ST NW WASHINGTON DC 20011-3032 110 I 4 th Street, SW Washington, DC 20024 Notice Number: L0009696774 FEIN: **-***8636 Case ID: 1531295 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 Han ds 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. 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov 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 DA TE: June 7, 2023 SUBJECT: Legal Sufficiency Review of the "Modification Nos. 3, 5, 8 and 10 to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. Approval and Payment Authorization Emergency Act of 2023" and Accompanying Declaration Resolution (AE-23-330) 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 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D .C. 20004 Phone (202) 724-5524 Ema il: megan.browder@dc.gov BUILD: MAINTAIN SUSTAIN GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES * * * Memorandum To: Delano Hunter Acting Director From: Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference: Contract No. DCAM-21-CS-IFB-0002 * * * WEARE WASI-IINGTON oc Construction Services for the New W Street, NE Bus Terminal for the OSSEDOT Date: May 15, 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 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT (DCAM-21-CS-IFB-0002) (the "Contract"), with Consys Inc (the "Contractor"), in the amount of $3,771,505.81 is consistent with the Department's current budget and that adequate funds are available in the budget for the expenditure. Per the Department of General Services Contracts & Procurement team (C&P), on June 21, 2021, the Definitized Contract was executed for a total contract amount of $16,809,610.00. Modifications No. 3, 5 and 8 increased the total contract amount by $974,091.91 ($190,927.76+$298,462.62+ $484,701.53) from $16,809,610.00 to $17,783,701.91. Since the Contract price was under $1 million, Council's approval was not required. Modifications No. 1, 2, 4, 6 and 7 were executed for administrative purposes. The proposed Modification No. 9 in the amount of $2,797,413.90, will increase the contract amount to $20,581,115.81 ($16,809,610.00 + $3,771,505.81). The proposed Contract increase of $2,797,413.90 is to provide the VE Reimplementation Part 1 and Part 2; Prefabricated Fueling System; Elevator Materials Increase and Segmental Wall Geotech Services. If approved, the aggregate total sum of Modifications No. 3, 5, 8 and 9 would be $3,771,505.81; thus, Council approval is required for all contract value increases of $1 M or more. While funding in the amount of $3,771,505.81 is being certified for capital eligible items only, there is an ineligible amount of $290,130.48. listed in Exhibit A of the Contract. See the non-capital Fiscal Sufficiency Review DCAM-21-CS-IFB-0002 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT column and associated items. These items are ineligible for capital expenditure, per the District Capital Guidelines. The goods/services are needed in FY2023. There should be no purchases, commitments, or expenditures for these items, until operating funds are available, via a purchase order for the same amount. The Department of General Services (DGS -Implementing AGY) has $3,771,505.81 in the Office of the State Superintendent of Education, Division of Student Transportation (OSSE DOT -Owner AGY) cumulative capital budget authority balance. The PASS information is attached/ below. Project Name Project AY Fund Imp. AGY Owner RK/PO Amount Number Detail AGY 160 I W STREET NE BUILDING BRMISC 2017 0300 AMO GOO PO668976 $190,927.76 RENOVATIONS AMO.PL! 03C.HAZA RDOUS MA TERI AL 100132 NIA 3030300 AMO AMO PO678809 $298,462.62 A BATEMENT POOL) 160 I W STREET NE 100021 NIA 3030300 AMO GOO PO686530 $484,70 1.53 BUILDING RENOVATIONS 1601 W STREET NE 100021 NIA 3030300 AMO GOO RK.245991 $1,912,806.84 BUILDING RENOVATIONS 160 I W STREET NE 100021 NIA 3030300 AMO GOO RK.245971 $196,384.68 BUILDING RENOVATIONS AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.232395 $240,428.86 W STREET NE BUILDING RENOVATION AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK245651 $93,745.80 W STREET NE BUILDING RENOVATION AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.244489 $304,860.53 W STREET NE BUILDING RENOVATION AM0.BRMISC.1601 1 00021 NIA 3030300 AMO GOO RK.234004 $30,442.50 W STREET NE BUILDING RENOVATION AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.240671 $18,744.69 W STREET NE BUILDING RENOVATION Total $3,771 505.81 Comments See Attached See Attached See Attached See Attached FY2023 Ine ligible Costs See Attached FY2023 Ineligible Costs See Attached See Attached See Attached Page 2 of 3 Fiscal Sufficiency Review DCAM-21-CS-IFB-0002 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT for AHB Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Page 3 of 3 MODIFICATION OF CONTRACT 1. Contract Number Page of Pages DCAM-21-CS-IFB-0002 1 I 2 2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption Construction Services for the W Street, NE Bus Terminal Modification No. 3 See Block 16C RK216859 the OSSE DOT 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 2000 14th Street, NW, 4th Floor 1250 U Street, NW 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. Consys, Inc. 9B. Dated (See Item 11) 732 Kennedy Street, NW Washington, DC 20011 1 0A. Modification of Contract/Order No. Attn: Vijay Kasimsetty X DCAM-21-CS-IFB-0002 Email: vijay@consys-lnc.net 1 OB. Dated (See Item 13) June 21, 2021 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS LJThe above numbered solicitation is amended as set fo rth in Item 14. The hour and date specified for receipt of Offers LJis extended. LJis not extendec 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 acknowledgi ng receipt of tt --- 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 OFFEI PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by vi rtue of this amendment you desire to cha 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 1 0A. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriatic date, etc.) set forth in item 14. C. This supplemental agreement is entered into pursuant to authority of: X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-21-CS-IFB-0002 E. IMPORTANT: Contractor LJ is not, ~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 feasi IFS No. DCAM-21-CS-IFB-0002-to provide construction services for the Office of State Superintendent of Education's new bus terminal is h- modified as follows: 1. Modification 1 dated July 20, 2022 is hereby renumbered as Modification 2. 2. Scope of Work. The Contractor shall perform the additonal services as described in the Contractor's proposal {Exhibit A). 3. Price. The price for the additional services is $190,927.76. The contract's value is hereby increased from $16,809,610.00 by $190,927.76 $17,000,537.76. In no event shall the Contractor be paid more than $17,000,537.76 to complete the project unle ss the Contractors, is authorized to exceed this limit in advance and in writing by a DGS Contracting Officer. 4. Terms & Conditions. All other terms and conditions remain unchanged. S. Release. It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, set and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additio time, additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor m have now or in the future against the Department arising from or out of, as consequences or result of, relating to or in any manner connect with this Modification. the above-referenced Project, and the Contract work. (Continuation) Contract Number DCAM-21-CS- IFB-0002 6. BOA Recap: BOA Executed on June 21, 2021 Modification No. 1 Modification No. 2 Modification No. 3 Modification No. Modification No. 3 Administrative Administrative -Revised Schedule Dates ( Substantial, Final & Administrative Term) Administrative -Cost Increase (current) Page of Pages 2 of 2 NTE Amount $16,809,610.00 $0.00 $0.00 $190,927.76 MODIFICATION OF CONTRACT 2. Modification Number 3. Effective Date 1. Contract Number D CAM-2 I -CS-IFB-0002 4. Requisition/Purchase Request No. Page of Pages I 2 5. Caption Modification No. 5 See Block l 6C RK227005 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT 6. Issued By: Department of General Services Contracting and Procurement Division 2000 14th Street, 4th Floor Washington, DC 20009 7. Administered By (If other than line 6) Department of General Services Capital Construction Division 1250 U Street, 4th Floor Washingto n, DC 20009 8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicita tion No. Consys Inc 732 Kennedy Street, NW Washington, DC 20011 Attn: Vijay Kasimsetty v ijay@consys-inc.net 9B. Dated (See Item 11) 1 OA. Modification of Contract/Order No. X DCAM-2 l-CS-IFB-0002 1 OB. Dated (See Item 13) June 21, 2021 11. THIS I TEM ONLY APPLIES TO AMENDMENTS OF SOLICIT A TIO NS _jThc above numbered solicitation is amended as set forth in I tem 14. The hour a nd date specified for receipt of Offers LJis extended. LJis 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 method s: (a) By completing Items 8 and 15, and returning l 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 ame ndment number. FAILURE OF YOUR ACKNOWLEDGEMEN T TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT fN REJECTION OF YOUR OFFER. l fby virtue of this amendment you desire to change an offer already submitted, such change may be ma de by letter or fax, prov ided each letter or tel egram makes refere nce to the so licitation and this amendment, and is received prior to the opening hour and date specifie d. 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 l OA. 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: X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4 728 and Contract No. DCAM-2 l-CS-IFB-0002 E. IMPORTANT: Contractor LJ is not, ~ is required to sign this document and return ___ l __ copy to the issuing office. 14. Description of amendment/modification (Orga nized by UCF Section headings, inc luding solicita tion/contract subject matter where feasible.) I. Scope of Work. The Contractor sha ll perform the additonal services as described in the Contractor's proposal (Exhibit A). 2. Price. The price for the additional serv ices is $298,462.62. The contrac t's value is here by increased from $17,000,537.76 by $298.462.62 to $17,299,000.38. In no event sha ll the Contractor be paid more than $17,299,000.38 to complete the project unless the Contractors, is authorized to exceed this limit in advance and in writing by a DGS Contracting Officer. 5. Release. It is mutua lly agreed that in exchange for this Change Order and o ther considerations, the Contractor hereby releases, waives, settles, and holds the Department harmless from any and a ll actual or potential claims or demands for delays, disruptions, additional work, additional tim e, additional cost, contract extensions, co mpensations 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 consequence or result of, relating to or in any manner connected with this Modification, the above-referenced Projec t, and the Contract Work. 15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer Vijay Kasimsetty, Pres ident Eric Njon jo 15B. Consys Inc ! SC. Date Signed 16B. District of Columbia I 6C. Date Signed 12/09/2022 12/9/2022 (Signature of person authorized to sign) (Signature of Contracting Officer) (Continuation) Modifica tion No. 5 Page of Pages DCAM-2 l-CS-IFB-0002 Modifcation No. 5 2 of2 6. Contract Recap: Contract Contract executed on 06/21 /202 l $16,809,610.00 Modification No. 1 Administra tive $0 Modification No. 2 Administrative $0 Modi fication No. 3 Admin istrative -Cost Increase $190,927.76 Modification No. 4 Administrative $0 Modification No. 5 Cost Increase $298,462. 62 Total Contract Amount $17,299,000.38 I. Contract Number Page of Pages MODIFICATION OF CONTRACT DCAM-2 l-CS-lFB-0002 I I :; 2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption Construction Services for the r Modification No. 8 See Block l 6C RK227005 Street, NE Bus Terminal for th, DOT 6. Issued By: 7. Administered By (If other than line 6) Department of General Services Department of General Services Contracting and Procurement Division Capital Constrnction Division 2000 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. Consys Inc 9B. Dated (See Item 11) 732 Kennedy Street, NW Washington, DC 20011 I OA. Modification of Contract/Order No. Attn: Vijay Kasimsetty X DCAM-2 l-CS-IFB-0002 vijay@consys-inc.net I OB. Dated (See It em 13) June 21, 2021 1 I. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS LJThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers LJis extended. LJ is not ex Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the fo llowing methods: (a) By completing Items 8 and 15, and retwning l copies of the amendment: (b) By acknowledging receipt of amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the so licitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF 0 PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Ifby virtue of this amendment you desire to, an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the so licitation and this amendment, and is received prior to the openi ng 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 I 4 are made in the contract/order no. in item I OA. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriat date, etc.) set forth in item 14. C. This supplemental agreement is entered into pursuant to authority of: X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-2 l-CS-IFB-0002 E. IM PORT ANT: ContractorLJis not, ~ is required to sign this document and return I copy to the issuing office. 14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasil Contract Number DCAM- 21-CS-IFB-0002 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT is hereby modified as fo 1. Scope of Work. The Contractor sha ll perform the additonal services as described in the Contractor's proposal (Exhibit A). 2. Price. The contract's value is hereby increased from $17,299,000.38 by $484,701.53 to $17,783,701.91. In no event sha ll the Contractor b more than $17,783,701.91 to complete the project unless the Contractors, is authorized to exceed this limit in advance and in writing by a D• Contracting Officer. 3. SBE subcontracting plan. The SBE sub-contracting plan is hereby revised to align with the revised total value of the Contract (Exhibit I 4. First Source Agreement a nd Employment Plan. The First Source Agr eement and Employment Plan is hereby revised to align with the revised total value of the Contract (Exhibit C). 5. Terms and Condition s: All other terms and conditions remain uchanged. 6. Release. It is mutually agreed that in exchange for this Change Order and other considerations, the Contractor hereby releases, waives, set and holds the Department harmless from any and a ll actual or potential claims or demands for delays, disruptions, additional work, additiona additional cost, contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have 1 in the future again st the Department arising from or out of, as a consequence or result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract Work. (Continuation) Modification No. 8 Page of Pages DCAM-2 l-CS-IFB-0002 Modifcation No. 8 2 of2 7. Contract Recap: Contract Contract executed on 06/21/2021 $16,809,610.00 Modification No. I Administrative $0 Modification No. 2 Administrative . $0 Modification No. 3 Administrative -Cost Increase $190,927.76 Modification No. 4 Administrative $0 Modification No. 5 Cost Increase $298,462.62 Modification No. 6 Administrative $0 Modification No. 7 Administrative $0 Modification No. 8 Cost Increase $484,701.53 Total Contract Amount $17,783,701.91 (Continuation) Modification No. 10 Page of Pages DCAM-2 l-CS-IFB-0002 Modifcation No. I 0 2 of2 I Contract Contract executed on 07/ 21/2021 $16,809,610.00 Modification No. I Administrative $0 Modification No. 2 Administrative $0 Modification No. 3 Administrative -Cost Increase $190, 927.76 Modification No. 4 Administrative $0 Modification No. 5 Cost Increase $298,462.62 Modification No. 6 Administrative $0 Modification No. 7 Administrative $0 I Modification No. 8 Cost Increase $484,701.53 Modification No. 9 Administrative $0 Modification No. IO Cost Increase $2,797,413.90 Total Contract Amount $20,581,115.81