Request for Proposal (RFP) # 08-P-BF-015 AMENDMENT NO. 2. Design/Build Renovation of Interior Spaces

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Request for Proposal (RFP) # 08-P-BF-015 AMENDMENT NO. 2 Design/Build Renovation of Interior Spaces Issue Date: May 29, 2008 TO ALL PROSPECTIVE OFFERORS: This Amendment modifies the RFP provisions and provides answers to Offeror questions submitted in reference to the above-referenced solicitation. I. RFP AMENDMENTS 1) The solicitation due date for RFP #08-P-BF-015 is being extended to Thursday, June 26, 2008. The closing time of 3:00 p.m. (EST) shall remain the same. 2) DELETE the retainage of twenty percent (20%) in Section G.8.1 and REPLACE with ten percent (10%). 3) DELETE the liquidated damages amount of five thousand dollars ($5000) per day in Section H.10 and REPLACE with one thousand dollars ($1000) per day. 4) DELETE the first sentence under Section H.30 and REPLACE with the following: Contract prices and/or prevailing labor rates shall be used for Change Order work where work is of similar nature. 5) DELETE the paragraph 7, Subcontract Work, under Section H.30 and REPLACE with the following: 7. Subcontract Work Payment for additional necessary subcontract work will be based on applicable procedures in 1 through 6. Change order pricing shall include overhead and profit only once, at either the subcontractor or prime contractor level. 6) DELETE the references to five percent (5%) and ninety (90) days in Section I.9.1 and REPLACE with one percent (1%) and six (6) months. 7) The following is the link for the pre-proposal conference transcript: http://pennquarter.dcconvention.com/contracts/transcriptwcca0520.pdf RFP #08-P-BF-015 (Amendment 2) Page 1 of 7

II. RESPONSES TO QUESTIONS SUBMITTED WCCA Responses to the questions submitted are as follows: 1) Our firms insurance coverage is not quite what is asked for under the RFP. But the area with the biggest difference is under the Professional Liability section with requires for architects limits not less than $10,000,000. Is that amount correct? Yes, ten million ($10,000,000) dollars is the correct amount. 2) Our current coverage is $1,000,000 per claim with $2,000,000 aggregate, is this acceptable? No. The required coverage shall be as set forth in Section I.8.2 of the RFP. 3) Our general liability is $1,000,000 each occurrence but we do carry umbrella liability of $2,000,000 each occurrence, $2,000,000 aggregate. Is this Acceptable? No. The required coverage shall be as set forth in Section I.8.2 of the RFP. 4) Any LEED or green requirements? LEED consultation is listed in the scope of services C.3.5 but I didn t see a level required? It shall be up to the Design/Build Team to identify any and all LEED opportunities. 5) What is the invoice retainage percent for Pre-Construction services? It is 20% in the Construction Phase to be used as liquidated damages if the project is not finished by 9/30/09. The retainage amount has been changed to ten (10%) percent for all phases of this project. 6) What is the Award date? The anticipated award date is October 1, 2008. 7) Who is the Prime for this Design/Build Submission? The Prime is the Design/Build Team. 8) My biggest area of questions relate to scope of work and scope of services for architectural firm. a. Is the proposal to include MEP? RFP #08-P-BF-015 (Amendment 2) Page 2 of 7

Yes, MEP is to be included. The scope of work and the scope of services are all inclusive to the Design/Build Team. b. Permit processing and permit fees are whose responsibility to coordinate and price. The Design/Build Team is responsible for the coordination and price for the permit processing and fees. c. What scheduling and budget responsibilities of the Architectural? Scheduling and budgeting are the responsibility of the Design/Build Team. The designer (architect) and the builder are to work jointly in these efforts. d. Assume no cost estimating responsibilities RFP calls for cost estimating several times during Schematic and Design. Our Firm is not equipped to assume that responsibility. e. Should we assume our services are just for architectural drawings schematic, design development, permit documents (CD s), Billing packages, Contract Administration (not Construction admin) and coordinating with Prime s engineering subs? No, you should not assume this. The architect is involved throughout the duration of the project as the Design/Build Team. f. Does the architectural firm bear any procurement responsibilities? g. Specifications (also asked for under the procurement of FFE) h. Does the architectural firm participate in preparing GMP? i. How many early bird packages for Fast Track bidding? The long lead items are to be determined during Phase 1 by the Design/Build Team. j. How do you want us to give you reimbursable amounts? RFP #08-P-BF-015 (Amendment 2) Page 3 of 7

Reimbursables shall be presented as an itemized listing with estimated amounts. k. Are there any meeting requirements for the architect? It is assumed that the architect will attend all meetings as a part of the Design/Build Team. l. Confusion regarding the approved design concept drawings. It sounds as though they exist. But the reference to Section J.1.5 talks about Contract Documents. Does the Design Build Team start from scratch using the program requirements at J.1.6, or is there a concept that exists to be used? There are basic concept drawings as described in Section J.1.5 and the drawings can be downloaded from the link as indicated in the Attachment J.1.5 of the RFP. These basic concept drawings are to be developed to meet the program requirements identified in Section J.1.6. m. A few of the items listed in C.3.5 scope of services could easily fall under an Architects services. For example: Architectural Design, Interior Design, ADA compliance, Code consulting, LEED consulting (Firm is not currently LEED certified) what services would you be looking for from the architect? The Design/Build Team shall determine the services required from the Architect, as well as for the other members of the Team. n. What size drawings 24 x 36? I didn t see any Mylar requirements. Note: (very expensive reimbursable) As the Design/Build Team is responsible for permitting and bidding, the drawings must comply with DCRA requirements. 9) Section B.3 Notes that markups are not allowed on subcontractor costs to Change Orders. Are legitimate GC costs (i.e. General Conditions) allowed to be added to the costs? General Conditions are considered to be direct costs and are to be added to the costs. 10) Section H.10 - Liquidated Damages Is there a bonus for the DB if they complete the project ahead of the specified end date of September 30, 2009? This will be addressed under Amendment 3 to be forthcoming. 11) Section I.9.1 Are bonds required for the entire project (design, management, construction, etc.) or just the construction phase of the assignment? RFP #08-P-BF-015 (Amendment 2) Page 4 of 7

Bonds are required for the entire project. 12) To confirm, a proposal which is submitted that details a specific plan on how to achieve the SLBOC goals (Section M.5.1) and the Ward 2 Goals (Section M.5.7.4) will be reviewed and evaluated equally to a JV submission or a Prime LSDBE submission as the proposal relates to meeting these contracting requirements. The proposals will be evaluated in accordance with the terms of Section M Evaluation Factors, specifically with preferences given in accordance with Sections M.5.4 M.5.6. 13) As discussed during the site visit, section G.8.1 of the RFP calls for a 20% retainage requirement until the end of the project. Section G.8.2 states that this amount shall be forfeited if the project is not completed and commissioned by September 30, 2009. It goes on to say that this amount will be drawn down from liquidated damages. Section H.10 states that liquidated damages will be assessed at $5,000/ calendar day. Sections G.8.1 and H.10 have been amended (Refer to Section I of this Amendment). Retainage shall be ten (10%) percent. This amount shall be forfeited if the project is not completed and commissioned by the Design/Build established and WCCA approved schedule. Liquidated damages shall be assessed at $1,000 /calendar day. 14) After discussion with our proposed Team, an extension of two (2) weeks is requested to fully development the team proposal. The due date has been extended as set forth in Section I of this Amendment. 15) Based on our experience with similar sized projects in the district, we are concerned these requirements could potentially deter many of the subcontractors who would normally bid on this type of project. This could severely impact the Design Builder s ability to attain the CBE requirements. We have generally seen retainage equal to 10% of the contract value and no liquidated damages. Or in cases where liquidated damages were included on this size of a project, they were set at around $500/day. We believe this requirement should be discussed amongst the project team once the Design/Build Contractor is selected and defined prior to the commencement of Phase II. Please advise if this requirement can be excluded for this RFP response. Please refer to the response to Question 13. 16) SECTION C 4.2 - Pre-Construction Phase If the GMP and subsequent Change Orders do not include any overhead and profit margins for the DB contractor, then how will the cost of disbursing and advancing funds to the subcontractors be paid to the DB? RFP #08-P-BF-015 (Amendment 2) Page 5 of 7

WCCA will consider a reasonable administrative fee for such services. This cost shall be set forth as a reimbursable cost. 17) SECTION E - Inspection and Acceptance a. Will the inspections of the work be performed by DC inspectors or by licensed Third-Party inspectors? All inspections for this building must be performed by Lourenco Consultants, a third party inspector. b. Will the cost of the inspections be paid directly by the Washington Convention Center Authority or should it be included in the GMP? The cost of inspections should be included within the GMP. c. How do the above relate to section H.25, WCCA Inspectors? They do not relate to section H.25. Section H.25 refers to WCCA staff inspections not DC Code Compliance inspections. 18) SECTION H.30 - Change Order Breakdown First paragraph indicates that no Overhead or Profit will be allowed. However, paragraph 6 indicates that a 10% work up is allowed. Please clarify. No overhead or profit will be allowed on change orders. Section H.30 has been amended accordingly. 19) SECTION I.9 - Payment and Performance Bonds Line 8 states that the Bid Bond is 5% for a period of 90 days. However, section I.10 indicates that the BID Bond is 1% for a period of 6 months. Please clarify. The Bid Bond shall be one (1%) percent for a period of 6 months. Section I.9 has been amended accordingly. 20) SECTION M.11 - Subcontracting Plan Please clarify if this subcontracting plan submission applies to the DB effort and the GMP work? The subcontracting plan applies to the entire project (total dollar). ALL OTHER TERMS AND CONDITIONS OF THIS SOLICITATION RFP #08-P-BF-015 (Amendment 2) Page 6 of 7

REMAIN UNCHANGED Your signature below acknowledges receipt of this Amendment. Please sign and return a copy of Amendment No. 2 with your proposal response or complete the Acknowledgement of Amendments on page 1 of the RFP. Any questions regarding this Amendment may be addressed to Brenda Fuller at bfuller@dcconvention.com. Signed: Date: RFP #08-P-BF-015 (Amendment 2) Page 7 of 7