COUNCIL OF THE DISTRICT OF COLUMBIA 1350 Pennsylvania Avenue, N.W. Washington, D.C

Transcription

1 Memorandum Page 1 of 1 Memorandum COUNCIL OF THE DISTRICT OF COLUMBIA 1350 Pennsylvania Avenue, N.W. Washington, D.C URGENT To: From: M~CO~ Jj~ - - Nya::S::Secretary to the Council Date: October 15,2013 Subject: Proposed contract with Coakley & Williams Construction Company (CA ) The proposed contract with Coakley & Williams Construction Company in the amount of$13,413, to provide Construction Management At Risk Services to complete new construction ofthe Woodridge Neighborhood Library was filed in the Office ofthe Secretary on October 11,2013. The Council's ten day review begins Tuesday, October 15, 2013, including Saturdays, Sundays, Council recess and legal holidays. The proposed contract will be deemed approved on Friday, October 25,2013, unless a resolution of approval or disapproval is introduced within the ten day review period, extending the review to 45 days. INTRODUCED BY: Chairman Mendelson at the request ofthe District of Columbia Public Library Retained by the Council with comments from the Committee on Education. Attachment cc: General Counsel Budget Director Legislative Services 10/

2 EXECUTIVE CONTRACT SUMMARY Pursuant to D. C. Official Code a(c) (1), the following is provided: (A) The proposed contractor, contract amount, unit and method of compensation, contract term, and type of contract: Contractor: Coakley Williams Construction Company Contract Number: DCPL-2012-C-008B (Woodridge Library) Contract Caption: Construction Management-At-Risk (CMAR) Services with a Guaranteed Maximum Price (GMP) to complete construction of the new Woodridge Neighborhood Library Contract Amount: $13,413, Contract Term: 36 Months Type of Contract: Cost-Plus-Fixed-Fee with Guaranteed Maximum Price (B) The goods or services to be provided, including a description of the economic impact of the proposed contract, the social impact of the proposed contract, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: The Contractor shall provide the necessary labor, equipment, supplies and other resources to complete the construction ofthe Woodridge Library ("Library"). The new neighborhood Library is intended to set a higher level of excellence for District libraries and shall provide users with easy access to the desired materials and technology, while also focusing on sustainability. The Library will be of the highest quality and functionality, and shall consist of a unique, iconic structure. The construction requirement is di vided into two phases, i.e. Phase 1 consisting of preconstruction including the establishment of the GMP and Phase 2 consisting of construction services. This award is for Phase 2 construction services. (C) The selection process, including the number of contractors, the evaluation criteria, and the evaluation results, including price and technical components: Source selection was made through a competitive process pursuant to Title 19 DCMR 4317 in which Request for Proposals number DCPL-2012-R-0008, advertised in the Washington Post Newspaper on August 30, 2012 and on the DCPL Website on or about August 30, 2012, was issued on September 6,2012 in the open market with a 35% certified small business enterprise set-aside requirement. The solicitation closed at 2:00 p.m. on October 12,2012. Five (5) companies responded and proposals were initially evaluated based on the following evaluation factors: Proposal, Experience and References, Cost, Key Personnel, Construction Management Plan, CBE Compliance/Utilization, Preliminary Construction Schedule and CBE Preference Points. The Evaluation Committee ranked the Offerors in the following descending order:

3 1. Coakley Williams Construction Company: points 2. Gilbane: points 3. Whiting Turner: points 4. Smoot Construction Company: points 5. GCS, Inc.: points On September 5, 2013, the evaluation committee recommended to the Interim Chief Procurement Officer that an award be made to Coakley Williams Construction Company for Phase 2 (Construction Services) (D) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel and prior performance on contracts with the District or government: According to a Comprehensive Business Activity Report from Dun & Bradstreet dated September 24, 2013, Coakley Williams Construction Company began in 1987 to provide non-residential construction services. It has 210 employees. Its Credit Score Class is 3 indicating a fair risk ofsevere payment delinquency (to its creditors) over the next 12 months, and it's Financial Stress Class is 4 indicating medium risk ofsevere financial stress over the next 12 months. Coakley Williams Construction Company currently rents 38,000 square feet of space and the following clients have rated its past performance as excellent or outstanding on construction contracts ranging from $12 million to $36 million dollars: Gonzaga College High School 19 Eye Street, NW Washington, DC Final Contract Cost: $12,598, Perry Swope School 1301 Potomac School Road Mclean, Virginia Final Contract Cost: $36,233, The Contractor is otherwise qualified and eligible to receive a contract award pursuant to applicable laws and regulations because it has satisfied prerequisites for award such as: Compliance with Mayor's Order to submit an Affirmative Action Plan to the Office of Human Rights which has subsequently been deemed approved by that agency. Compliance with the District of Columbia tax laws and regulations according to certifications provided by the D.C. Department of 2

4 Employment Services' Office of Unemployment Insurance Tax Division and the Office oftax and Revenue. Compliance with D.C. law 14-24, D.C. Law 5-93, and Mayor's Order as its first source for recruitment, referral, and placement ofdistrict ofcolumbia residents, according to certification provided by the Department ofemployment Services through a copy ofits First Source Employment Agreement. In consideration of the above, the Interim Chief Procurement Officer has determined the Contractor responsible pursuant to Title 19 DCMR (E) Performance standards and the expected outcomes of the contract: The performance standard for this contract is 100% delivery ofall services to the satisfaction ofthe DCPL prior to final payment. The expected outcome ofthis project is construction ofthe new Woodridge Library that would be certified LEED Silver. (F) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the fmancial plan and budget adopted in accordance with and : The DCPL Chief Financial Officer's Statement of Appropriated Authority is attached. (G) A certification that the proposed contract is legally sufficient and has been reviewed by the Office of the Attorney General, including whether the proposed contractor has any currently pending legal claims against the District: The DCPL Office ofgeneral Counsel's certification oflegal sufficiency is attached. (H) A certification that the proposed contractor is current with its District and federal taxes or has worked out and is current with a payment schedule approved by the District or federal government: The Contractor is in compliance with District ofcolumbia Tax laws and regulations according to the Office oftax & Revenue and the Department of Employment Services' Division ofunemployment Insurance. 3

5 (I) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise: The Contractor is not individually certified by the Department of Small and Local Small Business Development. However, it has agreed to subcontract 35% of the work to certified business enterprises. (J) Other aspects of the proposed contract that the Chief Procurement Officer deems significant: This acquisition is in the best interest of the DCPL and the customers of the Woodridge Library. (K) A statement indicating whether the proposed contractor is currently debarred from providing services to any governmental entity (federal, state, or municipal), the dates of the debarment, and the reasons for debarment: The Contractor is not on the Federal Excluded Parties List or the Office of Contracts & Procurement's Excluded Parties List. 4

6 DISTRICT OF COLUMBIA - Office oftax and Revenue *** h Street SW slew600 Collection DivisIon Washington, DC OFFICE OF TAX AND REVENUE TAX VERIFICATION RESPONSE REQUESTOR: ~AM~E~E~R~M~A~BKD~UL~LAH~~,~SR~ AGENCY: -MD~C~PS~ ~ "*... VE~R NAME..,...::C"':"O=AKL= y &=- -'-'WIL'-"' ~ ""'~:t""'"iam,... =S'->:C=O=N=S=RR""'U=CTIO=N.: '. FEIN; '''''' y'= l... IZI The prospective contra~t~r is ~~. co~n~~l~nce with the~ling and payment requirements of th~ Di~trict of Columbia. Taxlaw8DCPL.201Z. C~Q(}08B...;..:;.\,,:" CJ The prospective contra~torj~ndividu'al~i'j ~ot li~bl~ for ihe tax filing requirements of the Di~tri~t'6f Coltunbia. "': _, ; :~..,*. '. I, $ ". '.:: ~,:.., o " The prospective contractor is not in ~ompliance with the tax filing and payment requirements ofthe District of Columbia Tax Law: The; cciritractorrna:yobtain details ofthe tax deficiency and make arrangements to correct this by Contacting the Revenue Officer whose signature appears below. ",.' TO BE COMPLETED BY THE OFFICE OF TAX & REVENUE D The prospective contractor has rece~tli ~een registered with the District ofcolumbia and has not incurred any liabilities so far. o Our records indicate that the prospe~tive contractor is not registered to do business in the District ofcolumbia. Please contact the Office of Tax and Revenue, Customer Service Office at (202) to request a form FR-500 (Combined Registration Application) which must be fully completed and submitted to the address indicated on the form Office oftnx and Revenue. PO Box 470 WashlJ'gton, DC or register online at: Instructions.jsp /2013 Date (2OZ) Pita-gaye Marshall Revenue Officer Telepbone Number

7 GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES Office of Unemployment CompensationlTax Division * * * ORIGINAL TAX VERIFICATION RESPONSE DOES CONTRACT SPECIALIST: AMEER ABDULLAH, SR. AGENCY: DCPL VENDOR NAME: COAKLEY & WILLIAMS CONSTRUCTION INC D.C.DOES SUI ACCOUNT #: FEDERAL ID #: TO BE COMPLETED BY THE DEPARTMENT OF EMPLOYMENT SERVICES TAX DIVISION THE DEPARTMENT OF EMPLOYMENT SERVICES CERTIFIES THAT: ~ The prospective Contractor is "IN COMPLIANCE" with the tax filing and payment requirements L.:J of the District of Columbia Unemployment Tax Laws or is in compliance with an established payment plan. D The prospective Contractor is "NOT IN COMPLIANCE" with the tax filing and payment requirements of the District of Columbia Unemployment Tax Laws. The Contractor may obtain details of the tax deficiency and make arrangements to correct this deficiency by contacting the tax enforcement officer whose name and telephone number fonow: Tax Enforcement Officer: Doris Artis Phone #: (202) Comments 9/25/2013 SIGNATURE DATE U I Tax Officer (202) TITLE TELEPHONE/FAX NUMBER This response/certification is valid for 90 days from the date specified above. An: Compliance Officer Office of Unemployment Compensation Tax Division 4058 Minnesota Avenue, NE, Washington, DC For more information, please go to the DOES Web Site at Tax Verification Response - DOES Page 10f1 Rev; 9/2013

8 DC public library check it outl DISTRICT OF COLUMBIA PUBLIC LIBRARY Office of the Chief Financial Officer MEMORANDUM TO: FROM: Gail Avery Acting Chief Procurement Officer DC Public Library Tammie Robinson ~' Agency Fiscal Officer ' DC Public Library DATE: September 23,20] 3 SUBJECT: ~/ ~ v,/j/ Certification of Funding Availability for $13,465,382 to Support the Fiscal Year 2013 and Fiscal Year 2014 Woodridge Neighborhood Library DesignlBuild Guaranteed Maximum Price (GMP) Contract The District of Columbia Public Library, Office of the Chief Financial Officer (OCFO), certifies available funding in the amount of$] 3,413,382 to support the proposed Fiscal Year 2013 and Fiscal Year 2014 Woodridge Neighborhood Library design/build GMP contract with Coakley & Williams Construction, Inc. (CoakJey & Williams). This funding supports the professional services request. found under Solicitation and Contract No. DCPL-2012-C-0008 ($52,000 for DCPL-2012-C 0008A and $13,413,382 for DCPL-2012-C-0008B). On December 12, 2012, funds totaling $52,000 were encumbered to Coakley & Williams on P for Phase 1 (pre-design and pre-construction services) of the project. On July 18,2013, P was encumbered, also to Coakley & Williams, in the amount of $32,400 for the early release package (items against general construction) of Phase 2 to include third party plan review. permit expeditor and utility coordination. A modification to P (RQ V2) for Phase 2 for construction has been entered into PASS for a total amount of $13,413,382 and upon all necessary authorizations is set for approval by DCPL's Office of Procurement. With the modification of P the total contract will exceed $1 million and, therefore. requires Council approval The PASS document and SOAR screen prints are attached. If you have any questions regarding this transmittal, please contact me at Attachments cc: Ginnie Cooper, Chief Librarian Jonathan BuUer, Chief Business Oftlcer, DCPL Jeffrey Bonvec.hio, Director, Capital Projects and Facilities Management, DePL Mohamed Mohamed, ACFO, GOe/Higher Education Dennis Gill, Financial Manager, GOClHigher Education Grace PetTy.Gaiter, General Counsel, DCPL Cherylle Pacana, Budget Officer, DePL 90) (; STREET, NW WASHINGTON, DC (202) tFAX (202)

9 DC public library check it out! MEMORANDUM TO: FROM: Ameer M. Abdullah Interim Chief Procurement Officer Grace perry~gaiterl7.7/l.. I~~ General Counsel '1'1'L/f DATE: October 10, 2013 SUBJECT: Legal Sufficiency Review for Over Million Dollar Contract For Construction Management At -Risk (CMAR) Services With A Guaranteed Maximum Price (GMP) to Complete the New Woodridge Neighborhood Library Contractor: Coakley & Williams Construction, Inc. Contract No. DCPL~2012-C-0008B (Construction Phase) Term: Not to Exceed Thirty-Six (36) Months Estimated Amount: $13,413, Description of proposed Option The proposed contract number DCPL-20l2-C-0008B ("contract") is for the new construction services for the Woodridge Neighborhood Library. The District of Columbia Public Library'S Procurement Office ("Procurement Office") intends to award to Coakley & Williams Construction, Inc, the contract for a term not to exceed thirty-six (36) months. The contract is a firm fixed price contract for a price of thirteen million, four hundred thirteen thousand, three hundred eighty-two dollars and no cents ($13,413,382.00). 1 Martin Luther King, Jr. Memorial Library 901 G Street, N.W. Washington, D.C Tel Fax

10 2. Procurement Process In May 2009, the Council ofthe District ofcolumbia enacted permanent legislation referred to as the "DCPL Procurement Temporary Amendment Act of 2009" which provides the District of Columbia Public Library ("DCPL") with permanent independent procurement authority. This contract is issued pursuant to that authority. The overall contract is divided into two phases with phase 1 for pre-design and preconstruction services (which has been completed) and phase 2 consisting ofcomplete construction services resulting in a new Woodridge Library. DCPL seeks approval for phase 2 construction services ofthe proposed award to Coakley & Williams Construction, Inc. for a Guaranteed Maximum Price (GMP) ofthirteen million, four hundred thirteen thousand, three hundred eighty-two dollars and no cents ($13,413,382.00). On September 6, 2012, the Procurement Office, using the competitive proposal method issued a Request for Proposals for Solicitation No. DCPL-2012-R-0008 in the open market with a 35% certified small business enterprise set-aside requirement for the design-build services to complete new construction ofthe Woodridge Neighborhood Library. Pursuant to Title 19 DCMR 4317, the Request for Proposals was advertised in the Washington Post and placed on the DCPL website on August 30, The solicitation closed at 2:00 p.m. on October 12,2012. There were five companies who responded to the solicitation. Each company was evaluated using the following evaluation factors: Proposal, Experience and References, Cost, Key Personnel, Construction Management Plan, CBE CompliancelUtilization, Preliminary Construction Schedule and CBE Preference Points. The Evaluation Committee ranked the Offerors in the following descending order: Vendor Name Evaluation Points Coakley & Williams Construction, Inc Gilbane Whiting Turner Smoot Construction Co GCS, Inc Subsequently, on December 7, 2012 the evaluation committee made a recommendation for a pre-construction award to Coakley & Williams Construction, Inc. This recommendation resulted in a pre-construction contract in the amount of$52, (po ) for pre-design and pre-construction services, which was encumbered on December 12,2012. See Funding Certification, Contract 1 of2. On August 16,2013, Coakley & Williams Construction, Inc. submitted to DCPL its GMP Proposal which was approximately $400, over the library's set budget. Both, Coakley & Williams and the DCPL staff negotiated in reducing the overall pricing. Subsequently, Coakley & Williams submitted a revised GMP in the amount of$13,413, The GMP Proposal Martin Luther King, Jr. Memorial Library G Street, N. W. Washington, D.C Tel Fax

11 of Coakley & Williams provides a CBE participation ofgoal of 47%, with nearly 29% participation by SBE firms and a goal to have District residents working 33% of the total hours to be worked completing the project. On September 25,2013, the Interim CPO, Gail Avery, by D&F captioned "Contractor Responsibility" determined pursuant to Title 19, DCMR 4368 that Coakley & Williams Construction, Inc. is responsible and qualified and that the contract is in the best interest ofthe DCPL. In addition, pursuant to Title 19 DCMR 4319, by a determination and findings ("D&F") titled "Price Reasonableness" dated September 25,2013, the Interim CPO, further determined the cost to be reasonable based on a cost analysis and the proposed price range to be reasonable and in the best interest of DCPL. The Independent Government Cost Estimate ("IGCE") for this project was thirteen million five hundred fourteen thousand, seven hundred one dollars and no cents ($13,514,701.00). The contractor, Coakley & Williams Construction, Inc. submitted a guaranteed maximum price ofthirteen million, four hundred thirteen thousand, three hundred eighty-two dollars and no cents ($13,413,382.00) for phase 2 construction services. Pursuant to Title 19 DCMR (2007), the CPO has certified in writing that the proposed contract was forwarded on September 25, 2013 to the DCPL Contracts and Review Committee ("CRC") for approval. Ifthe CRC does not take affirmative action to approve or disapprove the contract, the contract will be deemed approved on September 30,2013. See section titled "Contract Review Committee Approval" within the contract. The District ofcolurnbia Public Library, Office of the Chief Financial Officer (OCFO) certifies available Capital funding for FY-14 in the amount of $13,413, to support the proposed over-million dollar Woodridge Neighborhood Library Design-Build, Guaranteed Maximum Price (GMP) Contract with Coakley & Williams Construction, Inc. The funding certification ofthe Agency Fiscal Officer of the OCFO certifies total funding of $13,465, which supports FY-13 solicitation for phase 1 design services under Contract No. DCPL C-0008A for $52, and FY -14 solicitation for phase 2 construction services under Contract No. DCPL C-0008B for $13,413, The following purchase orders have been encumbered: Date Purchase Order No. Encumbered Vendor Amount P /12/2012 Coakley & Wms. $52, For Phase 1 (pre-design & pre-construction services) P /18/2013 Coakley & Wms. $32, For Phase 2, (early release package, items against general construction) P Modification put Coakley & Wms. $13,413, in Pass (RQ V2) 3 Martin Luther King, Jr. Memorial Library 90) G Street, N.W. Washington, D.C TeI Fax

12 See the Funding Certification memo within the contract. In addition, I certify that I have also confirmed with the Office ofattorney General ("OAG") that the proposed firm, Coakley & Williams Construction, Inc. does not have any pending litigation with the District ofcolumbia. 3. Legal Review The proposed over-million dollar contract to approve the new construction services for the Woodridge Neighborhood Library for the Design-Build Guaranteed Maximum Price and the selection of the Contractor, Coakley & Williams Construction, Inc. was submitted to my office for legal sufficiency review and approval on the evening of October 7, This legal sufficiency is for FY -14, phase 2 of the project, to complete the new construction of the Woodridge Neighborhood Library, Contract No. DCPL 2013-C-0008B. This contract is in the amount of thirteen million, four hundred thirteen thousand, three hundred eighty-two dollars and no cents ($13,413,382.00). I have reviewed the above completed contract documentation for legal sufficiency and it is at this time approved as to legal sufficiency. We note that in accordance with D.C. Official Code (b), the Mayor must submit to the Council for approval this contract for over one mi11ion dollars. GP-G Martin Luther King, Jr. Memorial Library 90 I G Street, N.W. Washington. D.C Tel Fax

13 MEMORANDUM To: From: Contractor: Services: Contract Number: Grace Perry-Gaiter ili General Counse DC public library check it out! GailAv. rx Interim Procurement lcer Coakley Williams Construction Company CM at Risk Services with (GMP) at the Woodridge Library DCPL-2012-C-0008B Contract Amount: $13,413, Date: September 25,2013 The proposed contract is for Construction Management at Risk Services with Guaranteed Maximum Price (GMP) for the Woodridge Library is hereby forwarded to your office for legal sufficiency review prior to consideration by the Office of the Mayor and the Council ofthe District ofcolumbia. The cost for the CM at Risk services with a (GMP) is Thirteen million four hundred and thirteen thousand three hundred eighty two dollars. ($13,413,382.00) Thank you for your assistance. If you have any questions please contact me or Ameer M. Abdullah Sr., Contract Specialist at (202) Attachments