RLP Amendment 3- 36C10F20R0061.pdf

RLP AMENDMENT NO. 3

L100 – Lease Form 36C10F20L0013

RLP R-100 No. 36C10F20R0061

James J. Howard

VA Community Based Outpatient Clinic Lease

August 13, 2020

RLP No. 36C10F20R0061, Department of Veterans Affairs (VA) requirement to lease 68,000 ANSI BOMA Square

Feet (ABOA) of space for use by VA for a Community Based Outpatient Clinic to replace the existing James J.

Howard clinic

The following amendment is hereby made to the above referenced revised Request For Lease Proposals package issued on July 29, 2020. Offerors must acknowledge in writing, receipt of this Amendment No. 3 by reviewing, signing and returning to the Contracting Officer and Newmark Knight Frank by 4:00 pm, EDT September 11, 2020.

I) The following replacements and additions have been made to Lease # 36C10F-20-L0013:

1) Section 3.09(E) is replaced with the following:

Lessor will contract with an independent commissioning agent (“Commissioning Agent”). The Commissioning Agent shall document and validate that facilities and component infrastructure systems are constructed, installed, tested, and capable of being operated and maintained in conformity with the Lease requirements. At a minimum, commissioning procedures included in the latest edition of FGI’s Guidelines for Design and Construction of Outpatient Facilities shall be followed. The Lessor shall submit the Commissioning Agent’s qualifications for VA review and approval 5

Working Days from Award, showing evidence of the Commissioning Agent’s experience, competency, and performance capabilities commissioning healthcare facilities similar in scope to that which is required in this Lease.

The Commissioning Agent shall submit reports to VA in accordance with the schedule in Section 4.01.

2) Section 3.09(F) is added:

F. Lessor will contract with an independent, third-party firm (“Reviewer”) to provide healthcare plan review services.

The Reviewer shall review design and construction documents to ensure that the facility is designed to the healthcare standards listed in Appendix D and this Lease. This VA facility will be accredited by the Joint Commission (TJC), as such, the Reviewer shall confirm in its reports that the design meets all TJC requirements and facility policies, to include a Life Safety Code review based on the facility’s occupancy classification. The Lessor shall submit the

Reviewer’s qualifications for VA review and approval 5 Working Days from Award, showing evidence of the

Reviewer’s experience, competency, and performance capabilities with healthcare designs similar in scope to that which is required in this Lease. The Reviewer shall submit reports to VA in accordance with the schedule in Section

4.01.

3) Section 3.38B(5) is replaced with the following:

5. Sanitary napkin/ tampon dispensers and disposal bins in each Women, Unisex, and Family toilet room/restrooms.

4) Section 4.01, subsections B through E is replaced with the following:

B. DIDs. For the purposes of this Lease, DIDs are defined as layout line drawings of the leased Space, reflecting all Lease requirements, showing partitions and doors; schematic demolition; voice, data, and electrical outlet locations; finishes; generic furniture layout, and any additional details necessary to communicate the design intent to the lessor’s architect for the purpose of preparing the construction documents (CDs). DID sets at a minimum shall include the following elements:

DID 1 minimum requirements:

1. Cover Sheet;

2. Demolition Plan (if applicable);

3. Construction (Partition) Plan;

4. Site Plan (if applicable);

5. Review report from the Code Agent

DID 2 minimum requirements:

1. Cover Sheet;

2. Demolition Plan (if applicable);

3. Construction (Partition) Plan;

4. Power/Communication (Electrical) Plan;

5. Furniture Plan;

6. Finish Plan;

7. Site Plan (if applicable);

8. Reflected Ceiling Plan;

9. Interior Elevations;

10. Partition Type / Section Plan

11. Door and Hardware Schedule

12. Review reports from the Code Agent and the Commissioning Agent

C. Government review and approval of Lessor-provided DIDs: The VA review and comment period for the DID

1 submission shall be 20 Working Days from receipt. VA must notify the Lessor of DID approval not later than 20

Working Days following submission of complete DIDs (DID 2) conforming to the requirements of this Lease as supplied by VA. Should the DIDs not conform to these requirements, VA must notify the Lessor of such non-conformances within the same period; however, the Lessor shall be responsible for any delay to approval of DIDs occasioned by such non-conformance. VA’s review and approval of the DIDs is limited to conformance to the specific requirements of the Lease as they apply to the Space.

D. The Lessor’s preparation and submission of construction documents (CDs): The Lessor as part of the TI must complete CDs conforming to the approved DIDs. Two CD submissions shall be required for review by VA. Each submission shall include full review reports from the Code Agent and the Commissioning Agent. The interim CD submission shall be between 75% and 95% complete and shall be submitted not later than 40 Working Days following the approval of DIDs. After the VA review and comment period as specified below, on the interim CD submission, the Lessor shall complete and submit the final CDs within 15 Working Days. The Lessor shall update and submit the budget proposal based on the TIs and associated work as shown on the interim CDs. This budget proposal shall be completed, as part of the shell cost, within 20 Working Days of submission of the interim CDs. The pricing for this work is included under the A/E fees established under Section 1 of the Lease. If during the preparation of CDs the

Lessor becomes aware that any material requirement indicated in the approved DIDs cannot be reasonably achieved, the Lessor shall promptly notify VA, and shall not proceed with completion of CDs until direction is received from the LCO. The LCO shall provide direction within 30 Working Days of such notice, but VA shall not be responsible for delays to completion of CDs occasioned by such circumstances. For the purpose of this paragraph, a "material requirement" shall mean any requirement necessary for VA's intended use of the Space as provided for in, or reasonably inferable from, the Lease and the approved DIDs (e.g., number of workstations and required adjacencies).

E. Government review of CDs: The VA review and comment period for the interim CD submission shall be 20

Working Days from receipt. VA shall have 20 Working Days to review final CDs before Lessor proceeds to prepare a TI price proposal for the work described in the CDs. At any time during this period of review, VA shall have the right to require the Lessor to modify the CDs to enforce conformance to Lease requirements and the approved DIDs.

5) Section 4.07 is replaced with the following:

After award of the Lease, the Lessor shall submit to the LCO written progress reports at intervals of 15 Working Days.

Each report shall include information as to the percentage of the work completed by phase and trade; a statement as to expected completion and occupancy dates; changes introduced into the work; and general remarks on such items as material shortages, strikes, weather, etc, that may affect timely completion. In addition, at the Government’s discretion, the Lessor shall conduct meetings every two weeks to brief Government personnel and/or contractors regarding the progress of design and construction of the Space. The Lessor shall be responsible for taking and distributing minutes of these meetings. The Lessor shall also distribute required safety reports at intervals of 20

Working Days.

II) The previous attachment labeled as “04A – Appendix C.1-Agency Specific Requirements_2020-07-21” and referenced in the RLP (R-100) as “Appendix C.1 Agency Specific Requirements”, is replaced with the attachment in this Amendment labeled:

“Appendix C.1- FINAL Agency Specific Requirements”

III) The previous attachment labeled as “05A – Appendix D.1 – Lease Code Compliance_2020-06-23” and referenced in the RLP (R-100) as “Appendix D – Lease Code compliance”, is replaced with the attachment in this Amendment labeled:

“Appendix D-FINAL Lease Code Compliance”

END OF AMENDMENT

Eric Roberts

Contracting Officer (003C1E)

ACKNOWLEDGEMENT OF RECEIPT

AMENDMENT NO. 3

RLP No. 36C10F20R0061

Lease: 36C10F20L0013

James J. Howard

VA Community Based Outpatient Clinic

I hereby acknowledge receipt of Amendment No.3 to RLP No. 36C10F20R0061 and accept all terms and conditions in RLP No. 36C10F20R0061 as hereby amended.

Offerors Name – Printed

Signature Date