Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 1

Klamath Community CollegeRequest For Proposal

RFP 09-02 CM/GC – Addendum #2

PROVISION OFCONSTRUCTION MANAGER/GENERAL CONTRACTOR

SERVICES

ADDENDUM #2Issue Date: Monday, October 12, 2009, 9:00 a.m.

Pre-Proposal Meeting: Thursday, October 22, 2009, 10:00 a.m. {Note This Change}Addendum #1 Issue Date: Saturday, October 17, 2009, 10:00 p.m.Addendum #2 Issue Date: Tuesday, October 20, 2009, 10:00 p.m.

Closing Date: Wednesday, November 3, 2009, 4:00 p.m.All Times Are In Local Time

SUBMITTAL LOCATIONS

Submit Original and Six Copies To:

Klamath Community CollegeAttn: Ms. Renee FergusonDean for Administrative Services7390 South 6th Street Klamath Falls OR 97603

This package entitled Addendum #1 consists of 10 consecutively numbered pages. This is Page 1.This solicitation prepared and administered by Lloyd Rain Associates, Newport, Oregon

www.rainassoc.comlloyd@rainassoc.com

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 2

This Addendum forms part of the contract documents and modifies the original RFP documents issued on October 12, 2009. Acknowledge receipt of this Addendum in the space provided on the Proposal Form. Failure to do so may subject the proposer to disqualification. All proposers are instructed to make the following changes on the referenced RFP documents and to formulate their proposals and the resulting contract accordingly.

Item 1)

DELETE ENTIRE SENTENCE beginning with: “All offers...”REPLACE WITH “All Offers for this work shall be delivered to Owner or an independent third party, and

publicly opened by Owner, or an independent third party, at an announced time, date and place.”

Item 2)

Page 31, Section 11.7, Line 2

ADD the following words after the word “suppliers...”

“when CM/GC has not competed for said subcontract or supplier, that ...”

Item 3)Page 38, Article 4, Subsection (b).

DELETE entire last bulleted sentence which reads, “Self-performing or sub-contracting certain minimum percentages of the Work (see below)”

Item 4)

Page 38, Article 5, bottom of the page

DELETE:“The minimum requirements for self-performing and subcontracting construction Work are specified below and in the sample CM/GC Contract, Article 9. The following specific minimum requirements shall apply to CM/GC self-performing Work and the selection of Subcontracts performing Construction Phase Services for this Project:”

Item 5)

Page 39, top of page, all of Subsections (a), (b), and (c)

DELETE: all of Subsections (a), (b), and (c)REPLACE WITH:

The following specific minimum requirements shall apply to CM/GC self-performing Work and the selection of subcontractors performing Construction Phase Services for their project.

CM/GC must competitively bid all subcontract work it desires to perform excepting there from any required CM/GC Field Work.

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 3

For those Construction Phase Services that CM/GC chooses not to competitively bid, the CM/GC may select subcontractors and suppliers to perform Construction Phase Services utilizing either the competitive bidding process or through negotiation (e.g., for sole service acquisitions) at CM/GC’s discretion subject to the requirements of ORS 279 and OAR 137, the Attorney General’s Model Public Contract Rules, which the college has adopted IN PART AND WITH MODIFICATIONS, the KCC Procurement Rules which are posted at http://www.klamathcc.edu, and the requirements of this document. CM/GC shall resolve all subcontractor and supplier protests.

For those Construction Phase Services that CM/GC chooses to competitively bid, the CM/GC shall develop a process subject to approval by Owner utilizing the competitive bidding process subject to the requirements of ORS 279 and OAR 137, the Attorney General’s Model Public Contract Rules, which the college has adopted IN PART AND WITH MODIFICATIONS and the KCC Procurement Rules, which are posted at http://www.klamathcc.edu. If CM/GC intends to compete to perform Construction Phase Services then CM/GC shall provide advance notice to the public and prospective subcontractors of CM/GC’s intent to compete. Subcontractor or supplier bids or proposal shall, in that event, be opened publicly either by Owner or an independent third party at an announced date and time. Owner shall approve subcontract and supplier awards and shall resolve any protests in which the CM/GC competes for the subcontract.

Item 6)

Page 39, Article 5, Subsections (a), (b), and (c), (top of the page),

DELETE entire three indented subsections (a), (b), and (c) at the top of the page.

Item 7)

Page 52, Article 28

DELETE this article in its entirety.

Item 8)

Page 54, Subsection b), indent (v),

DELETE this indented sentence in its entirety.

Item 9)

Page 60, Section 2), (top of page),

DELETE entire Section 2)REPLACE WITH:

2) Comprehensive General Liability

a) Comprehensive General Liability Insurance: CM/GC shall carry General Liability, and Umbrella or Excess Liability insurance covering all operations for itself, and by or on behalf of Subcontracts, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:

(1) Premises and operation and mobile equipment; (2) Products and completed operations;(3) Contractual liability insuring the obligations assumed by Subcontractor in

this Agreement;(4) Broad form property damage (including completed operations);(5) Explosion, collapse and underground hazards; and(6) Personal injury liability.

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 4

Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limit, where applicable, shall apply separately to Subcontractor’s work under this Agreement.

b) Minimum Coverage Limits: For CM/GC’s Comprehensive General Liability policy, the limits of liability shall not be less than combined single limit for bodily injury, property damage and personal injury liability of $5,000,000 combined single limit per occurrence with aggregate of $6,000,000. CM/GC, his officers, directors and employees and Owner shall be named as additional insured’s under the Comprehensive General Liability insurance policy. The policy shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance carried by CM/GC, his officers, directors and employees or Owner will be excess only and will not contribute with this insurance.

CM/GC shall require subcontracts to carry Comprehensive General Liability coverage. If Subcontract carries an Occurrence Form Commercial General Liability policy, the limits of liability shall be not less than:

$1,000,000 each occurrence (combined single limit for bodily injury and property damage)$1,000,000 for personal injury liability$2,000,000 aggregate for products-completed operations$2,000,000 general aggregate$2,000,000 umbrella or excess liability

CM/GC, his officers, directors and employees, and Owner shall be named as additional insured under the Occurrence Form Commercial General Liability policy. The policy shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance carried by CM/GC, his officers, directors and employees, or Owner will be excess only and will not contribute with this insurance.

c) Special Claims Made Policy Form Provisions: Subcontractor shall not provide general liability insurance under any Claims Made Commercial General Liability form without the express prior written consent of Contractor, which consent, if given, shall be subject to all of the following conditions:

(1) If Subcontractor carries a Claims Made Commercial General Liability insurance policy, the limits of liability shall be not less than:

$5,000,000 each occurrence (combined single limit for bodily injury and property damage$5,000,000 for personal injury liability$6,000,000 aggregate$6,000,000 umbrella or excess liability

(2) Subcontractor shall carry the required Commercial General Liability insurance for four (4) years following completion of Subcontractor’s work under this Agreement and Subcontractor shall furnish certificates of insurance to CM/GC at the beginning of each of these subsequent policies for four (4) years as evidence of this required insurance.

(3) The certificate of insurance shall show the retroactive date.

(4) If the retroactive date is later than the date of this Agreement and Subcontractor was previously insured under a Claims Made Commercial General Liability insurance policy during any portion of the period between the date of this Agreement and the retroactive date of Subcontractor’s current Claims Made Commercial General Liability insurance policy, Subcontractor shall furnish a certificate of insurance showing that Subcontractor has purchased the supplemental reporting period endorsement under the previous policy extending the period for an unlimited time during which a claim may first be made.

(5) Subcontractor shall furnish an Owner’s and CM/GC’s Protective Liability policy on an

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 5

Occurrence (not Claims Made) form insuring CM/GC’s, his officers, directors and employees and Owner as named insured and provided that the insurance shall apply as primary insurance and that any other insurance carried by CM/GC’s, his officers, directors and employees or Owner will be excess only and will not contribute this insurance. The limits of liability for the Owners’ and CM/GC’s Protective Liability policy shall be not less than a combined single limit for bodily injury and property damage liability of $1,000,000 each occurrence; $2,000,000 aggregate.

d) Automobile Liability Insurance: CM/GC and Subcontract shall carry automobile liability insurance, including coverage for all owned, hired and non-owned automobiles. The limits of liability shall be not less than $5,000,000 for the CM/GC and $1,000,000 for the Subcontractor combined single limit each accident for bodily injury and property damage. If CM/GC or Subcontractor’s general liability insurance is provided by a Commercial General Liability policy (whether the Occurrence or the Claims Made Form), the CM/GC and Subcontractor’s automobile liability insurance policy shall include coverage for automobile contractual liability.

e) Certificates of Insurance: As evidence of the insurance required by this Agreement, certificate shall be furnished by Subcontractor to CM/GC before any work hereunder is commenced by CM/GC. The certificates of insurance shall provide that there will be no cancellation or reduction of coverage without thirty (3) days prior written notice to CM/GC or Owner.

f) Property Insurance: CM/GC waives all rights against Owner for loss or damage to the extent reimbursed by builder’s risk or any other property or equipment insurance applicable to the work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this Section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

g) Fire Legal Liability: A fire legal liability endorsement to general liability coverage in the amount of $500,000 per occurrence shall be included.

Item 10)

Page 59, Section 8)

DELETE the first sentence beginning with the words: “The wage rate...” and ending with the words“ORS 279C.836.”

REPLACE WITH: “The Oregon Bureau of Labor and Industries (BOLI) “Prevailing Wage Rates for Public Works Contracts in Oregon shall be paid (see ORS 279C.836).”

Item 11)

Page 60, Section 6, b), line 5

INSERT: after the word, “CM/GC”, the words, “or its subcontractors”

Item 12)

Page 62, Section 1, second bullet

INSERT: at end of sentence, “(these are architect responsibilities)”

Item 13)

Page 63, Section 3), first paragraph, line 3,

REPLACE: existing words “two weeks” with the words, “21 days”

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 6

Item 14)

Page 63, Section 4), second paragraph, line 3,

INSERT at end of paragraph: “Owner reserves the right to waive these requirements forsubcontractors in Owner’s absolute discretion.”

Item 15)

Page 63, Section 4), second paragraph, first sentence,

INSERT AFTER THE WORD “contract”: “except as otherwise provided by this document.”

Item 16)

Page 65, Section 13), second line

INSERT after the word “Owner” the words, “or independent third party,

Item 17)

Page 65, Section 16), first line

REPLACE the word “shall” with the word: “may”

Item 18)

Page 66, Second Section of Responsibilities, under Design Development, Item #11, under Owner,

REPLACE the letter “N” with the letter “S”

Item #15 under CM/GC

REPLACE the letter “S” with the letter “L”

Item 19)

Page 67, Second Section of Responsibilities, Under Construction, Item #9, under A/E, strike S, add N

REPLACE the letter “S” with the letter “N”

Item 20)

Page 68, Section 2), subsection b), first sentence, second line, last word,

DELETE the word: “large”

Item 21)

Page 71, Section 13, subsection d), line 1, word 7,

ADD the word: “this” after the word “with”

Item 22)

Page 71, Section 13, subsection d), line 1,

DELETE the words: “sub-paragraph c) directly above”

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 7

Item 23)

Page 75, Section 33, first paragraph, last word of paragraph,

DELETE the words: “OAR 731-005-0670(1)(c)(H)”REPLACE with the word: “ORS 279B.1103”

Item 24)

Page 75, Section 33, second paragraph, line 1,

DELETE the words: “OAR 731-05-0570(1)(a”REPLACE with the word: “OAR 137-049-0440”

Item 25)

Page 75, Section 33, second paragraph, line 3,

DELETE the words: “OAR 137-049-0440”REPLACE with the word: “OAR 137-049-0440(5)”

Item 26)

Page 78, under Phase 4, line 3,

DELETE the words: “two, three or four”

Item 27)

Page 78, under Phase 5, paragraph 2, line 1,

DELETE the words: “two, three or four”

Item 28)Page 79, second paragraph from the top of the page (fourth line from top of page)

DELETE the words: “and these dates are firm”

Item 29)

Page 80, first paragraph at the top of the page, second sentence,

DELETE the words: “OAR 137-048-0220” REPLACE with: “the College’s own Procurement Rules, “

Item 30)

Page 82, Section 1), subsection c), third indent,

ADD the following after the words: “Base the CM/GC Fees,” “, including the pre-construction fee,”

Item 31)

Page 82, Section 1 c), third indent, line 2,

DELETE the number: “$12,224,000”REPLACE with the number: “11,932,500”

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 8

Item 32)

Page 82, Section 1 c), fourth indent, line 2,

DELETE the number: “$12,224,000”REPLACE with the number: “11,932,500”

Item 33)

Page 83, Subsection d), line 4, word 7

DELETE the number: “$10”REPLACE with the number: “6.5”

Item 34)

Page 83, Subsection d), line 4, word 14

DELETE the word: “five”REPLACE with the word: “eight”

Item 35)

Page 83, Subsection g-1), third lineDELETE last sentence in its entirety.REPLACE with:

“Identify work within this project for which your firm will complete to as an independent contractor and that which your firm intends to self-perform..

Item 36)

Page 83, Subsection g-2), line 1,INSERT after the word “contractors”: “and suppliers,”

Item 37)

Page 83, Subsection g-2), strike the next to the last sentence.

DELETE entire second last sentence which reads, “The level of expected participation of local contractors and business has a goal of a minimum of 10% participation of the total contract value.”

Item 38)

Page 84, Subsection l), first paragraph, line 2,

DELETE the word: “five.”REPLACE with the word: “eight”

Item 39)

Page 84, Subsection l), first paragraph, line 2,

DELETE the number: “$10,000,000”REPLACE with the number: “$6,500,000”

Item 40)

Page 86, Subsection 4), line 2,

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 9

DELETE entire line:REPLACE with: “includes the potential for periods of intermittent rainfall, long periods of mild to”

Item 41)

Page 86, Subsection 4), line 4

DELETE the number: “0”REPLACE with the number: “-20” (“minus twenty”)

Item 42)

Page 86, Subsection 4), line 5

INSERT, after the word, “snowfall”, the words: “, sustained cold weather, potential”

Item 43)

Page 86, Subsection 6), line 2: last 3 words

DELETE the words: “Department of.”REARRNGE TO MAKE CORRECT DEPARTMENT TITLE READ: “Oregon Department of Community Colleges and Workforce Development”

Item 44)

Page 88, 89, 90, 91, 92, 93, and 94, top block of text, line 1, word 4,

DELETE the identifier: “ 08-02”REPLACE with the identifier: “09-02”

Item 45)

Addendum #1, page 5, Item 22, line 1,

DELETE the page number: “22”REPLACE with the page number: “23”

Item 46)

Addendum #1, page 6, Item 30, line 1,

DELETE the identifier: “1.1.3.2”REPLACE with the identifier: “11.3.2”

Item 47)

Addendum #1, page 7, Item 31, line 1,

DELETE the identifier: “1.1.3.3 (a)”REPLACE with the identifier: “11.3.3 (a)”

Item 48)

Addendum #1, page 7, Item 32, line 1,

DELETE the identifier: “1.1.3.3 (a)”REPLACE with the identifier: “11.3.3 (a)

Klamath Community College /// RFP 0902 CM/GC – Addendum #2 /// ....................................................................... /// Page 10

Item 49)

Addendum #1, page 7, Item 33, line 1,

DELETE the identifier: “1.1.3.4”REPLACE with the identifier: “11.3.4”

Item 50)

Addendum #1, page 8, Item 41, line 3,

REPLACE with the deleted paragraph title: “Special Requirements - ”

Item 51

Addendum #1, page 8, Item 44, line 1,

DELETE the page number: “38”REPLACE with the page number: “39”

Item 52)

Addendum #1, page 8, Item 49, line 3,ADD at the following words end of the new sentence: “at the contractor’s office.”

All other terms and conditions in the solicitation documents remain unchanged and in full force and effect.

•))))))44444444444444 End of Addendum Two 44444444444444)))))•

Ms. Renee Ferguson, Dean for Administrative ServicesKlamath Community College

Lloyd Rain, Lloyd Rain Associates10/20/2009