GOVERNMENT OF THE DISTRICT OF COLUMBIA L. oc public library

GOVERNMENT OF THE DISTRICT OF COLUMBIA L oc public library I June 2, 2017 The Honorable Phil '.\1cnck lsnn Chainnan Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW - Suite 504 Washington, DC 20004 Reference: District of Columbia Public Library Construction Manager At-Risk Services for Renovation of the Martin Luther King Jr. Memorial Library Contract No. DCPL-2016-C-0005 Dear Chainnan Mend elson: Enclosed for consideration and approval by the Council of the District of Columbia is a proposed Guaranteed Maximum Price contract modification in the amount of $158,583,224.63 to Contract No. DCPL-20 l 6-C-0005 with Smoot/Gil bane III MLK, A Joint Venture ("the Contractor"). This modification will support the work associated with Phase 3 Construction Services for Construction Manager At-Risk Services for Renovation of the Martin Luther King Jr. Memorial Library. As always, I am available to discuss any questions you may have regarding the proposed contract modification. In order to facilitate a response to any questions you may have regarding the proposed contract modification, please have your staff contact Jonathan R. Butler, Chief Business Officer at (202) 727-110 I. I look forward to favorable consideration of this contract modification. I look forward to a favorable consideration of the proposed contract modification. Executive Director cc: Nyasha Smith, Secretary to the City Council DC Public Library I 1990 K Street, NW, Suite 500, Washington DC 20006 Telephone (202) 727-032 1 I dclibrary.org

GOVERNMENT OF THE DISTRICT OF COLUMBIA L oc public library Pursuant to Section 202( c) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code 2-352.02(c), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Standard and Multiyea1~ (A) Contract Number: DCPL-2016-C-0005 Contractor: Smoot/Gilbane III MLK, A Joint Venture ("Contractor") Proposed Contract Modification Amount: $ 150,340,33 5 Proposed Owner Contingency Amount: $8,242,889.63 Total Amount: $ 158,583,224.63 Unit and Method of Compensation: Progress payments will be made on a monthly basis. Term of Contract: From Date of Award through April 30, 2020 Type of Contract: Fixed Price Source Selection Method: Request for Proposals (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: NI A (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: Modification to current contract for Construction Manager At-Risk (CMAR) Services for the renovation of the Martin Luther King Jr. Memorial Library (MLK Library) based on the approved plans and specifications. This modification provides for Phase 3 Construction Services. In accordance with the contract, the MLK Library project is to be delivered in three (3) phases: Phase 1 - Preconstruction Services including collaboration with DCPL staff and the Design Team through completion of the construction document including preparation of

the cost estimate and project schedule; Phase 2 - Bidding Phase consisting of management of the trade bidding process including establishment of the Guaranteed Maximum Price (GMP); and Phase 3 - Construction. The contract was approved by the Council under Resolution Number R21-0323 on December 1, 2015 and funded Phases 1 and 2. Phases 1 and 2 of the contract are near completion. This contract modification is for Phase 3 Construction Services. Letter Contract Amount: $275,000 DC Public Library (DCPL) through its Chief Procurement Officer entered into a Letter Contract dated. October 15, 2015 in the amount of $275,000 with Smoot/Gilbane III MLK, A Joint Venture for planning and mobilization in preparation for Preconstruction Services. The amount of the Letter Contract was less than $1 M and therefore, did not require Council approval. Phase 1 Preconstruction Services Amount: $9,072,102 (inclusive of letter contract) A contract award funding Phases 1 and 2 in the amount of$9,072,102 was approved by the Council under Resolution Number R21-0323 on December 1, 2015. See the attached. Modification No. MOl Amount: $150,090 In accordance with the contract, a modification for transition planning and management services for the interim relocation of the MLK Library. Modification No. M02 Amount: $225,000 In accordance with the contract, a modification for continued Preconstruction Services for the period August 1, 2016 through May 1, 2017. Modification No. M03 Administrative Modification. No cost. Proposed Modification No. M04 Amount: $150,340,335 Council approval is hereby sought for a Guaranteed Maximum Price ( GMP) contract modification in the amount of $150,340,335 for Phase 3 Construction Services to complete the renovation of the MLK Library to include: a) the addition of a 5th floor rooftop terrace and green roof; b) all structural modifications and demolition of interior and exterior spaces; c) total mechanical/electrical/plumbing and technology replacement; d) site work including work associated with the garage 2

entrance, exit ramps and dock; and e) a wide variety of other improvements in accordance with the Contractor's GMP Proposal dated April 5, 2017 for the MLK Library. In addition to the $150,340,335 for Phase 3 Construction and consistent with the overall approved project budget, Council approval is hereby sought for the establishment of an Owner's Contingency in the amount of $8,242,889.63, to be held in abeyance by the DCPL to offset any unforeseen conditions during construction. The final determination of cost commitments for use of this contingency will be released by the Owner (DCPL) for approved expenditures assumed to rectify conditions that are deemed unforeseen in nature but will however, require immediate action by the Contractor in order for the project to remain on schedule and avoid future escalation costs. These conditions cannot be evaluated properly at this time until selected forensic demolition can be completed during initial construction. Examples of such unforeseen conditions include but not limited to: a. Existing building conditions as a result of the original workmanship. b. Adverse ground or physical obstructions or conditions on the site such as water infiltration, unknown soils conditions, structural issues, underground pipes, etc. c. Hazardous materials abatement. d. Owner requested changes. (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: The information was provided in the Council Summary pursuant to Resolution No. R21-0323. (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: NI A (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: The information was provided in the Council Summary pursuant to Resolution No. R21-0323. 3

(G) 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 Act requires that Contractor's subcontract at least 35% of the amount of the contract for all construction and non-construction contracts to qualified CBE/SBE contractors. However, the contract requires that the Contractor subcontract at least 50% of the amount of the contract to qualified CBE/SBE contractors. Smoot/ Gil bane III MLK, A Joint Venture has confirmed that its proposed subcontracting plan meets the requirements of the Act and the 50% CBE/SBE subcontracting requirement set forth in the RFP and Contract No. DCPL-2016-C-0005. (H) Performance standards and the expected outcome of the proposed contract: Performance standards under the proposed contract consist of strict adherence to the terms and conditions of Contract No. DCPL-2016-C-0005. The performance standard is 100% delivery of all services to the satisfaction of DCPL. (I) 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: The below expenditure was made by DCPL pursuant to the contract prior to its submission to the Council for approval: Amount Date Purchase Order No. $275,000 10/15/15 P0531111 (J) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the rmancial plan and budget adopted in accordance with D.C. Official Code 47-392.01 and 47-392.02: A certification by the Agency Fiscal Officer dated June 1, 2017, of funding availability for the proposed contract modification is attached. (K) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: A certification by the DCPL General Counsel's Office that the proposed contract is legally sufficient is attached. In addition, it appears Smoot/Gilbane III MLK, A Joint Venture has no pending claims against the District. 4

(L) 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 proposed contractor is current with its District taxes. See the attached. (M) 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 current with its federal taxes. (N) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defmed 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.: Smoot/Gil bane III MLK, A Joint Venture is certified as a local, development zone and resident owned business enterprise. (0) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: All significant aspects of the proposed contract have been provided. (P) 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: As of June 1, 201 7, the Contractor's name does not appear on the Federal or District Excluded Parties List Systems. (Q) Any determination and findings issues relating to the contract's formation, including any determination and fmdings made under D.C. Official Code 2-352.05 (privatization contracts): NI A 5

(R) Where the contract, and any amendments or modifications, if executed, will be made available online: The proposed modification, if approved, will be posted on the DCPL web site at: http://dclibrary.org/ about/ contractawards. (S) Where the original solicitation, and any amendments or modifications, will be made available online: The original solicitation and amendments are posted on the DCPL web site at: http://dclibrary.org/about/opportunities. 6

CERTIFICATE OF CLEAN HANDS SMOOT GILBANE Ill MLK - A JOINT VENTURE 5335 WISCONSIN AVE NW STE 940 WASHINGTON, DC 20015-2092 EIN : *****4518 As reported in the Citywide Clean Hands system, the above referenced individual or entity has no outstanding liability with the District of Columbia. As of the date herein, you have complied with the following official DC code and therefore are issued this Certificate of Clean Hands. TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS AND FEES CHAPTER 28. GENERAL LICENSE LAW SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LI CENSE OR PERMIT D. C. Code 47-2862 (2006) 47-2862. Pro hib ition against issuance of license or permit. ~~ Authorized By Bobby Tucker Chief Collection Division ~... Date: Wednesday this 10th day of May 2017 10:38 AM Tracking#: 655853 This document is a certified, complete and true copy.

L oc public library check it out! DISTRICT OF COLUMBIA PUBLIC LIBRARY Office of the Chief Financial Officer MEMORANDUM TO: FROM: Diane Wooden Chief Procurement Officer Tammie Robinson Agency Fiscal Officer DATE: June 1,2017 SUBJECT: Certification of FY 2017 Funding Availability in the Amount of $ 158,583,224.63 for Contract No. DCPL-20 l 6-C-0005 for Construction Manager-at-Risk Services Phase 3 - Construction Services for the Martin Luther King, Jr. Memorial Library (MLKML) The District of Columbia Public Library, Office of the Chief Financial Officer (OCFO), certifies available funding in the amount of $ 158,583,224.63 for Contract No. DCPL-2016-C- 0005, with Smoot/Gilbane, A Joint Venture, for Construction Manager-at-Risk Services for Phase 3 - Construction Services for the MLKML renovation project. The initial Manager-at-Risk contract was awarded to Smoot/Gilbane, V Joint Venture on October 15, 2015 under DCPL- 2016-C-0005. Funds totaling $9,447,193 for Phases I and 2 are encumbered on two purchase orders: l) P0531 l l l for $149,351 and 2) P0537742 for $9,297,842. This certification for $158,583,224.63 will be divided as follows: $150,340,335 for the remaining Guaranteed Maximum Price (GMP) contract of $159,787,528; and $8,242,889.63 for the Owner's Contingency for this project. The proposed contract modification is over $1 million and, therefore, requires Council approval. The PASS and SOAR documents are attached. If you have any questions regarding this transmittal, please contact me at (202) 727-5520. Attachment cc: Richard Reyes-Gavilan, Executive Director Jonathan Butler, Chief Business Officer Andrew Blumenfeld, Director of Capital Construction, DCPL Grace Perry-Gaiter, General Counsel, DCPL 901 G STREET, NW +SUITE 441 + WASHINGTON, DC 20001 + (202) 727-1198 + FAX (202) 727-4725

Mohamed Mohamed, ACFO. GOC/Higher Education Dennis Gill, Financial Manager, GOC/Higher Education Cherylle Pacana, Budget Officer, DCPL

oc public library Office of General Counsel MEMORANDUM TO: FROM: DATE: SUBJECT: CONTRACTOR: CONTRACT NO: Diane Wooden Chief Procurement Officer {/ Grace P erry-gai te r~ ~':-j~b General Counsel June 2. '.WI 7 Legal Sufficiency Rev iew for a Contract for Design-Build Services for Construction Manager At-Risk Services for Renovation of the Martin Luther King Jr. Memorial Library Smoot/Gilbane Ill MLK. A Joint Venture DCPL-2016-C-0005 PERIOD OF PERFORMANCE: The term or the Contract will be from the date of a,,ard through April 30. 2020 PROPOSED CONTRACT MODIFICATION_. (PHASE 3) AMOUNT: $150.3-l0.335.00 PROPOSED OWNER CONTINGENCY AMOUNT (PHASE 3): $8.242.889.63 TOTAL REQUESTED APPROVAL AMOUNT: $158,583.224.63 COUNCIL PRIOR APPROVAL CONTRACT PHASE 1 AND 2 AMOUNT: $9,072, I 02.00 MODTFICA TION NO. 1 (PHASE 1 & 2): $150,090.00 MODIFICATION NO. 2 (PHASE l & 2): $225,000.00 MODIFICATION NO 3 (PHASE l & 2): NO COST TOTAL AMOUNT OF CONTRACT (PHASES l - 3): $ 168,030.4 17.63 (This Amount Is Inclusive Of The Requested Contingency) 7"4 u to ~ ti4t this Office has reviewed the above-referenced Contract and that I have found If you have any questi ons in this regard. please do not hesitate to call 1

oc public library check it out! Office of General Counsel MEMORANDUM TO: FROM: Diane Wooden Chief Procurement Officer Grace Perry- GaiterQP~9..'b General Counsel / l DATE: June 2, 20 17 SUBJECT: CONTRACTOR: CONTRACT NO: Legal Sufficiency Review for a Contract for Design-Build Services for Construction Manager At-Risk Services for Renovation of the Martin Luther King Jr. Memorial Library Smoot/Gilbane lii MLK. A Joint Venture DCPL-2016-C-0005 PERIOD OF PERFORMANCE: The term of the Contract wi ll be from the date of award through April 30. 2020 PROPOSED CONTRACT MODIFICATION 4 (PHASE 3) AMOUNT: $ 150,340,335.00 PROPOSED OWNER CONTINGENCY AMOUNT (PHASE 3): $8,242.889.63 TOTAL REQUESTED APPROVAL AMOUNT: $158,583,224.63 COUNCIL PRIOR APPROVAL CONTRACT PHASE 1 AND 2 AMOUNT: $9,072, 102.00 MODIFICATION NO. 1 (PHASE l & 2): $150,090.00 MODIFICATION NO. 2 (PHASE 1 & 2): $225,000.00 MODIFICATION NO 3 (PHASE 1 & 2): NO COST TOTAL AMOUNT OF CONTRACT (PHASES 1-3): $168,030,417.63 (This Amount Is Inclusive Of The Requested Contingency) 2

l. Description of proposed contract The proposed contract number DCPL-2016-C-0005 ('"contract") is for Construction Manager At-Risk (CMAR) Services for the renovation of the Martin Luther King Jr. Memorial Library ("MLK Library"). The CMAR services will be delivered in a three (3) phase process as follows: Phase 1- Preconstruction Services including collaboration with DCPL staff and the Design Team through completion of the construction document including preparation of the cost estimate and project schedule; Phase 2 -Bidding Phase consisting of management of the trade bidding process including establishment of the Guaranteed Maximum Price (GMP); and Phase 3 - Construction. This price submitted will represent the Contractor's price to fully complete the Project. This over-million dollar multi-year approval request is for Phase 3, Construction Services only, Modification No. 4 in the amount of one hundred fifty-million, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00). Council gave DCPL approval of Phase 1, Preconstruction Services in the amount of nine million seventy-two thousand one hundred two dollars and no cents ($9,072,102.00) on or about December 1, 2015. See Council Resolution Number R21-0323. Council approval is hereby sought for a GMP contract modification dated March 31, 2017, in the amount of one hundred fifty-million, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00). This GMP approval will allow the Contractor, Smoot/Gilbane III MLK, A Joint Venture to complete Phase 3 Construction Services for the renovation of the MLK Library in accordance with the Contractor's GMP. Additionally, this request is for Council approval for the establishment of an Owner's Contingency in the amount of eight million two hundred forty-two thousand eight hundred eighty-nine thousand dollars and sixty-three cents ($8,242,889.63) ("Contingency"). DCPL submits that the requested Contingency will be held in abeyance by DCPL to off-set any unforeseen conditions that may occur during Phase 3 Construction services. The DCPL Chief Procurement Officer approved the following three (3) three modifications since Council approval of December 1, 2015: Modification No. 1 ("MOl") dated June 13, 2016, in the amount of one hundred fifty thousand and ninety dollars and no cents ($150,090.00) for transition planning and management services for the interim relocation of the MLK Library; Modification No. 2 ("M02") dated July 22, 2016, in the amount of two hundred twenty-five thousand dollars and no cents ($225,000.00) for Preconstruction Services for the period August 1, 2016 through May 1, 2017; and 3

Modification No. 3 ("M03") dated May 9, 2017, was Administrative changes/additions only at no cost to DCPL. Upon Council approval of Modification No. 4, in the amount of one hundred fiftymillion, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00), inclusive of Phase 1 contract amount, MO 1, M02, and the requested contingency amount, the total contract value will be one hundred sixty eight million, thirty thousand, four hundred seventeen dollars and sixty-three cents ($168,030,417.63). The DCPL hereby seeks Council approval of the following: (1) M04 in the amount of one hundred fifty-million, three hundred forty thousand, three hundred thirtyfive dollars and no cents ($150,340,335.00) (2) owner contingency amount of eight million two hundred forty-two thousand eight hundred eighty-nine thousand dollars and sixty-three cents ($8,242,889.63) and (3) contract period approval from date of award through April 30, 2020. This contract is for a firm-fixed price. 2. Procurement Process On April 30, 2015, the DCPL issued a Request for Proposals (RFP) for a contractor to provide CMAR Services for renovation of the Martin Luther King Jr. Memorial Library (MLKJML) as part of a 2 step source selection process: Step 1 - Request and Initial Evaluation of Proposals; and Step 2 - Oral Presentations/ Interviews and Final Evaluation. The RFP was advertised in the Washington Post and posted on the DCPL website on April 30, 2015. The RFP was issued in the open market with a 50% set-aside subcontracting requirement for Offerers based on their status as a certified small business or disadvantaged enterprise as determined by the District of Columbia Department of Small and Local Business Development in addition to the inclusion of the project in the DCPL Mentor-Protege Program. A pre-proposal conference was held on May 21, 2015 and was attended by nine (9) different firms. Five (5) amendments were issued during the course of the RFP process. On the RFP closing date of July 1, 2015, a total of four ( 4) proposals were received and all were deemed responsive by the DCPL Procurement Office and were evaluated according to the evaluation criteria described in the solicitation. On July 24, 2015, a Technical Evaluation Panel (TEP) consisting of six (6) individuals (4 voting members and 2 non-voting advisory members) was established and met to determine the technical scores as to the most highly qualified firms. Subsequently, the Chief Procurement Officer, using the TEP technical scores, price evaluation and preference points determined that Smoot/Gilbane III MLK, A Joint Venture (Smoot/Gil bane) and Turner Construction Company ("Turner") were in competitive range, therefore oral presentations and interviews were scheduled for these two competing firms. A final consensus meeting was held on August 28, 2015 after both firms had presented its oral presentations, interviews and Best and Final Offer (BAFO) to the TEP. The Chief Procurement Officer determined after performing an independent review including the TEP's strengths and weaknesses of each Offerer recommended that the subject contract for CMAR Services for Renovation of the MLKJML be awarded to Smoot/Gilbane, the highest scored Offerer. 4

Based on the TEP technical scores, pricing evaluations and the independent review of the Chief Procurement Officer, on December 1, 2015, the Council approved the recommendation of the Chief Procurement Officer that the contract be awarded to Smoot/Gilbane in the amount of nine million seventy-two thousand one hundred two dollars and no cents ($9,072, 102.00) on or about December 1, 2015 for Phase 1, Preconstruction Services. See Council Resolution Number R21-0323. From the time Council award through the present date, DCPL Chief Procurement Officer issued the following modifications: MO 1 in the amount of one hundred fifty thousand and ninety dollars and no cents ($150,090.00); M02 in the amount of two hundred twenty-five thousand dollars and no cents ($225,000.00); and M03-administrative only and no cost to the contract. These modifications increased the contract value to nine million four fortyseven thousand one hundred ninety-three dollars and no cents ($9,447,193.00). The DCPL is now requesting Council approval for the initial contract with Smoot/Gilbane be increased from nine million four forty-seven thousand one hundred ninety-three dollars and no cents ($9,447, 193.00) by one hundred fifty-eight million five hundred eighty-three thousand two twenty-four dollars and sixty-three cents ($158,583,224.63). The newly requested amount is referred to as Modification No. 4 inclusive of the Owner's Contingency. This request will allow the Contractor to begin Phase 3 construction services for the MLKJML in accordance with the Contractor's GMP Proposal dated March 31, 2017. Additionally, DCPL request Council approval of this contract from prior Council date of award through April 30, 2020. DCPL's Agency Fiscal Officer ("AFO") of the Chief Financial Officer (''OCFO") June 1, 2017 certified available funding in the amount of one hundred fifty-eight million five hundred eighty-three thousand two hundred twenty-four dollars and sixty-three cents ($158,583,224.63) for Contract No. DCPL-2016-C-0005 for the proposed contractor, Smoot/Gilbane III MLK, A Joint Venture for construction-at-risk services for the MLKJML renovation project. This certification is divided as follows: one hundred fifty million, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00) for the remaining GMP contract of the one hundred fifty-nine million seven hundred eighty-seven thousand five hundred twenty-eight dollars and no cents ($159,787,528.00) and eight million two hundred forty-two thousand eight hundred eighty-nine thousand dollars and sixty-three cents ($8,242,889.63) for the Owner's Contingency. See Funding Certification. Moreover, the Contract Review Committee of the District of Columbia Public Library Board of Library Trustees has provided its approval of the subject contract pursuant to Title 19 DCMR 4375.4. This approval was given on May 24, 2017. In addition, I also certify that I have been informed by the Office of Attorney General that the proposed Contractor, Smoot/Gilbane III MLK, A Joint Venture does not have any pending litigation or claims with the District of Columbia. 5

3. Legal Review The proposed multi-year over-million dollar contract in the amount of one hundred fifty million, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00), Modification No. 4 for the renovation of the MLK Library, Contract No. DCPL-2016-C-0005 was submitted to my office on May 30, 2017 for legal sufficiency review and approval. With this requested submittal, the following documents were not included: (1) Contract Review Committee (CRC) written approval; (2) Funding Certification; and (3) Clean Hands Certification. I received the final of the above documents on the late evening of May 31, 2017. This request is for Phase 3, Construction Services for the MLK Library and multi-year approval for services from prior Council approval award date of December 21, 2015 through April 30, 2020. This Council approval will allow for the full commencement of Phase 3 services of this contract. Accordingly, I have reviewed the contract and supporting documentation for design-build services for the construction renovation of the MLK Library and hereby approve the proposed Council package (Modification No. 4) for legal sufficiency _of over million dollar contract from date of award through April 30, 2020 in the amount of one hundred fifty million, three hundred forty thousand, three hundred thirty-five dollars and no cents ($150,340,335.00) and the requested contingency amount of eight million two hundred forty-two thousand eight hundred eighty-nine thousand dollars and sixty-three cents ($8,242,889.63) for a total approval amount of one hundred fifty-eight million five hundred eighty-three thousand two hundred twenty-four dollars and sixty-three cents ($158,583,224.63). I note that in accordance with D.C. Official Code 2-352.02(a), the Executive Director must submit to the Council for approval this over-million dollar contract action for multiple years. If you have any questions, please contact General Counsel Grace Perry-Gaiter at (202) 727-1134. 6

1. Contract Number Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT DCPL-2016-C-0005 t I 1 2. Amendment/Modification Number 13. Effective Date 14. Requisition/Purchase Request No. 5. Caption: M04 See Block 16C. See Block 14. 6. Issued By: Code 7. Administered By (II other than line 6) DISTRIC T OF COLUMBIA PUBLIC LIBRARY DISTRICT O F COLUMBIA PUBLIC LIBRARY O ffice of Procurement Department of Capital Planning and Construction 1990 K Street, NW - 5th Floor 1990 K Street, NW - 5th Floor Washington, DC 20006 Washington, DC 20006 8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No. '-- SmooVGilbane Ill MLK, A Joint Venture 5335 Wisconsin Avenue NW - Suite 940 Washington, DC 20015 ATIN: Mark Cain (mcain@srsmoot.com) 9B. Dated: 10A. Modification of Contract/Order No. DCPL-2016-C-0005 lob. Dated (See Item 13) Code I I Facilitvl 10/ 19/ 15 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS l-jthe above numbered solicitation is amended as set forth in Item 14. The hour and 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 methods: (a) By completing Items 8 and 15, and returning copy 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 APPLI ES 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 Aulhority) I- 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, pursuant to the authoritv of 27 CRM. Chapter 36, Section 3605.lc C. This supplemental agreement is entered into pursuant to authority of: x D. Other {Specify type of modification and authority) 19 DCMR, Chapter 43, Section 4374 - Contract Modifications E. IMPORTANT: Contractor [ J is not, ~ is required to sign this document and return 1 copy to the issuing office. 14. Description of amendment/modification Caption: Construction Manager At-Risk Services for the Martin Luther K ing Jr. Memorial Library 1. T he s ubject contract is hereby modified to inc lude funding tor Phase 3 Construction Services to complete the re novation o f the M LK Library in the amount of $150,340,335.00 in accordance w ith the Contractor's Guaranteed M aximum Price (GMP) Proposal dated April 5, 2017, incorporated herein and m ade a part of the co ntract. 2. The am o unt o f the contract is increased from $9,447,193.00 by $ 150,340,335.00 to $159,787,528.00. 3. The project final completion date is April 30, 2020. 4. Final te rms and condition s will be per the G MP Amendmen t. Except as provided herein. all terms and conditions of the document referenced in Item (9A or 10A) remain unchanaed and in full force and effect 15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer Diane Wooden 4SiUftFtl M 1=>zl ur.a 15B. Name of Conlractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed AJ~~~.,.., ~/zs/ 1 7 (Sig nature ol Contracting OINce r) /

GOVERNMENT OF THE DISTRICT OF COLUMBIA oc public library Office of Procurement MEMORANDUM TO THE FILE FROM: Diane Wooden {;J Chief Procuremen~ce SUBJECT: DATE: Contract No.: DCPL-20 l 6-C-0005 Caption: Construction Manager At-Risk Services for Renovation of the Martin Luther King Jr. Memorial Library Contractor: Smoot/Gilbane III MLK, A Joint Venture Contract Amount: $ 158,583,224.63 June l, 2017 Pursuant to Title 19, Section 4375.4 of the District of Columbia Public Procurement Regulations, the subject Guaranteed Maximum P1ice contract modification was transmitted to the Contracts Review Committee for review on May 18, 2017 and approved on May 24, 2017. DC Public Library 1901 G Street, NW, 4 1 " Floor, Washington DC 20001 Telephone (202) 727-032 1 I dclibrary.org