502_Solicitation-14P2020R0054-CHRI 217021-244555-Bidder QA-AMEND05_0005.pdf

CHRI 217021-244555 Replace-Repair Wharf Bulkhead Solicitation # 14P2020R0054

Bidder Questions & Government Responses – Solicitation Amendment #05

1) Reference page 24/26 of the Pre-Proposal Conference/Virtual Site Visit Document where it states, “Questions and Answers will be issued by a formal amendment to the solicitation for information only”. We request that the questions and answers become part of the contract documents.

Government Response: The Government intends to issue conformed sets of the contract specifications and drawings to incorporate the solicitation amendments, but the Government does not guaranteed that such documents will be issued. All solicitation amendments are incorporated into the contract at the time of contract award, regardless of whether conformed documents are issued by the Government or not.

2) Reference “B08_Solicitation_140P2020R0054-CHRI+217021-S” document page 14/166, “The bulkhead is approximately 730 feet long and depth of water averages approximately 10 feet.”

For the purpose of this contract, may the contractor provide a cofferdam to lower the water below the Mean Lower Low Water Level (MLLW) since construction is required below this water level? For example, lower water below MLLW shown on drawing CS3.1?

Government Response: No, cofferdams are not permitted in any area of this project due to resource protection concerns and environmental compliance restrictions.

3) At the Pre-Proposal Conference/Virtual Site Visit it was mentioned that there is a current contract to replace/relocate coral for the construct of the Wharf Bulkhead project. How far from the existing wharf is this coral being moved? How far from the existing wharf is it allowable for the contractor to disturb the seafloor (Between Stations 0+00 and 4+70)?

Government Response: The coral being removed from the existing bulkhead are being relocated to Long Reef seaward of Christiansted harbor, which is not in any proximity to the project work area. However, other aquatic resources exist within the project work area and in proximity to the existing wharf. Any and all seafloor disturbance within the project work area must be coordinated in advance with the NPS provided Environmental Monitor and must be performed in accordance with all contract, permit and environmental compliance requirements. All seafloor disturbance must be minimized to only that which is necessary to perform the work.

Driving of the new sheet piles, placing of fill between the new sheet piles and the existing bulkhead, and associated work are all permitted activities.

4) Between Stations 4+70 and 7+00, may the contractor block water for construction as long as contractors do not Spud/Anchor in this area when blocking the Water on the Seafloor?

Government Response: No, dewatering of this, or any area of the project is not permitted due to resource protection concerns and environmental compliance restrictions. Not only is spudding/anchoring prohibited in this area, but seafloor disturbance is to prohibited in this area with the exception of as minimal of disturbance as necessary to perform the specified work in this area in accordance with the contract requirements.

5) Reference Contract Line Item Number 10, “LIC: Sacrificial Aluminum Anodes”, which has a quantity of 26 EA, is the balance of the Cathodic Protection scope paid under this Line Item Number 10? Please clarify where the other components (other than the Anodes) of the Cathodic Protection Scope are paid.

Government Response: All elements of work associated with the cathodic protection system as specified shall be paid under Contract Line Item Number 10.

6) Reference Drawing CS3.3 (Sheet 18 of 34), Sections G and H, is the base of the concrete to sit on the bottom of the existing surface? Please clarify the bottom surface requirements of the proposed concrete in these areas.

Government Response: If this question is referring to where the base of the new concrete sits on the existing concrete apron and existing SSP bulkhead: Yes, the proposed concrete cap shall be poured on top of existing surfaces to the extent detailed on sheet CS3.3. Said interface shall be smooth and free of dirt/debris prior to placement of new concrete and shall receive a bond breaker (e.g. asphalt paper or chemical treatment) to allow for lateral movement and/or thermal expansion & contraction between the structures. Note that the remaining portions of the existing apron slab shall be prepared for placement of latex modified concrete as indicated on sheets SD7.1 & SD7.2 and the project specifications. If this question is referring to where the base of the new concrete is to be placed on the existing seabed: The seabed surface where tremie concrete is to be placed shall be relatively smooth and free of large obstructions or loose debris. A bond breaker is not required at this interface.

7) Reference Drawing CD4.5 (Sheet 23 of 34), Sections 1 and 2, “#5 Epoxy Dowel Bar @ 12” C TO C”, are Bars to be installed to top and bottom, and for the length in which existing concrete is met? Please clarify the #5 Epoxy Bar Limits.

Government Response: Bars are to be installed as shown, a single #5 hooked bar at the vertical position dimensioned in Sections 1 and 2. Dowels shall be installed at the indicated spacing over the entire length of the concrete gravity wall extension, Sta 4+97 through Sta 7+00.41. To be clear, bars (aka dowels) are not to be epoxy-coated; “epoxy” refers to the adhesive used to set the bars into the doweled hole of the existing gravity wall.

8) Reference Specification Section 05 05 19-1, 1.1 Summary, B. 4, “Marine fender and marine cleat mounting”, is marine fender part of this contracts scope? Please clarify.

Government Response: The Government hereby clarifies that there are no new marine fenders in the contract scope, and all references to contractor provision of marine fenders as part of the new work are in error and hereby removed from the contract.

9) Will the NPS provide an Archeological Monitor? If the contractor is to provide an Archeological Monitor, please specify an assumed duration for this works scope so all bidders may base costs on same assumptions.

Government Response: The Government will provide the Archaeological Monitor when necessary as described in Spec 013513.22.

10) Similar to above, will the NPS provide an Historical Preservation Treatment Specialist? If the contractor is to provide a Specialist, please specify an assumed duration for this works scope so all bidders may base costs on same assumptions.

Government Response: No, the Government will not provide a Historical Preservation Treatment Specialist. The Government will review and approve the contractor’s Historic Preservation and Treatment Plan and will perform quality assurance enforcement of the historic preservation and treatment requirements of the contract. The contractor is not specifically required to provide a historic treatment or preservation specialist, but it is the contractor’s responsibility to determine the means and methods to comply with the contract requirements in this regard. The Government cannot provide an assumed duration for this work, as it will be dependent upon the contractor’s means, methods and schedule.

11) Drawing G3 Sheet 4 of 34. Marine Work Area Notes 2 and 3. Please clarify if preconstruction survey (by a trained marine biologist) and surveying of mooring/anchor locations are going to be performed by the biologist provided by the owner (National Park Service).

Government Response: Yes, the Government will provide the Environmental Monitor (marine biologist or similar) to perform the Preconstruction Survey specified in Marine Work Area Note #2 on Sheet G3 (4 of 34), but the contractor is expected to participate in this survey in order to gain a detailed understanding of the existing marine resources in the work area and the resultant permit and environmental compliance requirements. Yes, the Government will provide the Environmental Monitor (marine biologist or similar) to perform the surveys of the mooring/anchoring locations, and any seafloor disturbance locations, as specified in Marine Work Area Note #3 on Sheet G3 (4 of 34), but the contractor is required to coordinate closely with the NPS provided Environmental Monitor for all such surveys and must be prepared to adjust their work in order to minimize disturbance to marine resources identified in these surveys.

12) Bid Form Pay Item 9. Mooring Cleats shows 32 ea. Table on Drawing CP2.3 is showing 36 ea proposed cleats. Please clarify bid quantity.

Government Response: There should be 36 mooring cleats in the bid quantity. Please mark up the unit cost for each cleat to reflect the total bid amount for 36 cleats. Contractor to submit shop drawing of proposed cleat locations for Government review & approval prior to installation.

13) Technical Specification 01 50 00 Temporary Facilities and Controls. Please confirm Field Office & Equipment for the Contracting Officers needs to be by provided by Contractor.

Government Response: Yes, the contractor must provide the Contracting Officer’s Field Office for Government use as specified in Spec 015000 2.2.B, 2.3.C and 3.3.B and elsewhere as applicable.

14) Please confirm if Contractor needs to provide Builder’s Risk.

Government Response: Builder’s Risk is not called out as an insurance requirement in the contract document (see Solicitation LIABILITY INSURANCE REQUIREMENTS p. 22 and Clause 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) P. 104). And its inclusion in costs of a Modification is prohibited (see Specifications Section 01 23 01 – CONTRACT MODIFICATION PROCEDURES; 1.2; H. Builder’s Risk Insurance).

15) Solicitation Package. Section L. Volume I. Factors 2 and 4. Please clarify if we can submit more than 5 projects within the last five years which involved work of similar scope and magnitude to this solicitation.

Government Response: Please limit the submission to five (5) recent projects which best match the requirements of this solicitation.

16) As a waiver of consequential damages protects both Parties from the uncertain amount of such damages, please confirm the Contract will include a mutual waiver of consequential damages, or explain what is intended.

Government Response: No specific mention of a waiver of consequential damages is found in the contract documents.

17) Taking over Contractor’s owned equipment is an extraordinary measure that violates a Bidder’s corporate policy as well as existing covenants. Please confirm that under no circumstances shall Owner take possession of, or exercise control over, Contractor’s tools, construction equipment or machinery, or explain what is intended.

Government Response: No mention of this situation is found in the contract documents. It is the National Park Service’s understanding that tools, construction equipment, and machinery are the express property of their rightful owner, that is the Contractor.

18) The Solicitation Documents, pg. 3, states that the Project will have a “delayed notice to proceed to March 1, 2021 and a performance period from March 1, 2021 through February 28, 2022.”

This requires each Bidder to honor its Proposal for more than 200 days. Such a validity period is contrary to the industry standard and subjects Bidder to potential financial hardship from market fluctuations, especially given the current COVID-19 situation. Please confirm that the successful Bidder shall be entitled to an equitable adjustment to account for market fluctuations, or explain what is intended.

Government Response: It is the express intention of the National Park Service to execute a Firm-Fixed Price Contract for this work with an award date and contract start date of Approximately September 20, 2020 and an on-site Construction Period of March 1, 2021 through February 28, 2022. Bidders should prepare their proposal pricing structure to reflect that time parameter. Administrative matters will begin with contract award including such activities as arrangement for purchase of long lead time materials.

19) The Solicitation Documents, pg. 3, states that the Project will have a “delayed notice to proceed to March 1, 2021 and a performance period from March 1, 2021 through February 28, 2022.”

This requires each Bidder to honor its Proposal for more than 200 days. Please confirm that the bid validity period shall not exceed 90 days past the Bid deadline, or explain what is intended.

Government Response: See answer to 18 above. It is the intent of the government to award a contract around September 20, 2020 for this project. At that point the successful bid will be turned into an award and the bid period closed. The bidder is to provide a firm fixed price to reflect the time parameters of the Solicitation.

20) Article 52.211-13, pg. 17 of the Solicitation Document, provides that a Change Order for contract changes “may provide an equitable readjustment of liquidated damages”. Please confirm that the liquidated damages amount shall not be adjustment from the time of contracting, or explain what is intended.

Government Response: In the case of an excusable delay the starting date to exercise liquidated damages may be moved forward to the adjusted completion date.

21) Article 52.215-2(d), pg. 48 of the Solicitation Document, provides that Contractor shall make available for examination, audit or reproduction “any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.” Please confirm that under no circumstances shall Owner have the right to inspect, audit, or reproduce any records or memoranda relating to Contractor’s salaries, bonuses, overhead or profitability, or that are subject to a statutory or common-law privilege, or explain what is intended.

Government Response: This is a mandatory clause, required by law to be included in the contract. The CO did not draft the clause, and cannot speak to the drafter’s intent, or provide legal advice on potential implications.

22) Article 52.227-2(b), pg. 103 of the Solicitation Document, states that in the event of a claim or suit alleging patent or copyright infringement, the Contractor shall furnish “all evidence and information in the Contractor’s possession pertaining to such claim or suit.” Furnishing evidence and information may waive an applicable privilege, if any, or be detrimental to the Contractor’s defense of a claim or suit. Please confirm that Contractor shall only be required to furnish public evidence and information and not that which is subject to a statutory or common law privilege, or explain what is intended.

Government Response: This is a mandatory clause, required by law to be included in the contract. The CO did not draft the clause, and cannot speak to the drafter’s intent, or provide legal advice on potential implications.

23) What, if any, COVID-19 pandemic mitigation measures are applicable to this Project, and are they to be included in the Proposal or will they be handled as a Change Order?

Government Response: SPECIAL CLAUSE 03: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE – CORONAVIRUS PANDEMIC (COVID-19) is hereby incorporated into this Solicitation at Section H at page 23. All due diligence is to be applied in the preparation for this project under conditions as they are known. Conditions that arise during the execution of the contract will be handled as appropriate as a Change Order.

24) If COVID-19 pandemic mitigation measures are imposed or required after award, will those be handled as a Change Order or how will the Owner address the cost and time impacts if there is not an Owner suspension of Work and the Project continues?

Government Response: See answer to 23 above. Conditions that arise during the execution of the contract will be handled as appropriate as a Change Order.

25) Article 52.249-10, pg. 137 of the Solicitation Document, provides that Contractor shall only receive additional time, not damages, for unforeseeable causes beyond Contractor’s control, which includes epidemics and quarantine restrictions. Typically, public works projects are not suspended by the Owner and, instead continue, as essential work but with preventive measures to avoid the spread of the epidemic. Those measures are added conditions of work and impose inefficiencies (like social distancing). They are not, themselves, delays relayed to a disruption or stoppage of the work. If the Owner desires the work to continue with such added conditions and protocols, how does the Owner intend to compensate the Contractor for those costs and impacts?

Government Response: See answers above. Clause 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APRIL 1984) is the current basis the National Park Service is recognizing for the administration of these issues. Due to the uniqueness of the situation conditions are being addressed on a case by case basis.

26) Article 1.6(B) of Section 011100-4 in the Technical Specifications Final Construction Documents, provides that “Contractor shall be responsible for locating and preventing damage to known utilities.” Please confirm that the plans represent all subsurface utilities or infrastructure known or that should be known by the Owner, or identify any missing information.

Government Response: Please refer to Contract Drawing Sheet G2 (3 of 34) Project General Notes G through N, and other contract requirements as applicable.

27) Please provide a Bathymetric study for the area of work.

Government Response: No additional bathymetric data is available beyond that which is already provided in the technical attachments (Contract Drawings, Sheet C1.1 (5 of 34) and subsequent sheets).

28) Will contractors be able to drive concrete trucks to the bulkhead for concrete pours?

Government Response: Contractors will be permitted to drive concrete trucks into the project work area but must adhere to all applicable contract requirements including, but not limited to, ground protection requirements, the construction work limits shown on the Contract Drawings and the load limits on the existing concrete apron as specified in the Notes on Contract Drawing Sheet G3 (4 of 34). As a result of these contract requirements, the contractor may need to provide appropriate means and methods in order to ensure that the concrete could be properly delivered from the concrete trucks to the placement locations.

29) As a federal project, will contractors receive tax exemption certificates, exempting contractors from paying the local USVI taxes for working in the USVI and for importing materials to the

USVI?

Government Response: Under Clause 52.2129-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) taxes in the USVI, as a Territory of the United States are included in the contract price. Bidders are responsible to investigate and include all applicable taxes.

30) Please confirm that the Jones Act is in place for this contract and that all material imports for the project must be imported using US Flagged Vessels.

Government Response: It is the government’s understanding that the Jones Act DOES NOT apply to the USVI, but the Cargo Preference Act does. Pease Insert Clause 52.247-64 Preference for Privately Owned U.S.-Flagged Commercial Vessels (Feb 2006) to this Solicitation in Section I.

31) Two SF 1442 forms were provided, one with a 60 day acceptance period and one with a 120 day acceptance period. Which is the correct SF 1442 to use?

Government Response: This is an administrative error. The correct file for the Solicitation is B08_Solicitation_140P2020R0054-S. The acceptance period is 60 days. Note this is the period for government action on the award of a contract.

32) Will a vibratory hammer be allowed to be used to drive the new retaining wall sheet piling to proper tip elevation, after the area has been pre-augered? Or will a non-vibratory type pusher or press system need to be used to install the new sheet piling?

Government Response: Yes, vibratory pile driving techniques are permitted for this project.

Impact hammer type pile driving methods are not permitted by project permit and environmental compliance restrictions.

33) Please provide clarification on components of the bid documents for the Replace Wharf Bulkhead, Christiansted National Historic Site, St. Croix, USVI, CHRI 217021.

For all proposers to have the same assumptions and to avoid discrepancies based on different interpretations of scope, we request clarification of the Small Business Percentages for this project.

Reference “Special Clause 2: Small Business Participation”, “(b) The contractor shall ensure a minimum 15% of the total contract value is performed by Small Business.” Yet on page 152/166 it states “The NPS subcontracting goals for Fiscal Year 2020 are: Small Businesses (43%), Small Disadvantaged Businesses (5%), Women-Owned Businesses (5%), HUBZone (3%), and Service Disabled Veteran-Owned Businesses (3%).”

Please clarify the following;

Is this CHRI 201021 – Replace Wharf Bulkhead project to have minimum of 15% of the total contract value to be Small Business, or is the goal 43% of the contract value? Please clarify the project requirement.

Government Response: These are two (2) separate, but related issues.

Special Clause 2 establishes an overall project minimum for Small Business Subcontracting Participation based on the total contract value.

Page 152 is dealing with the Small Business Subcontracting Plan and the various percentage goals listed are based on the total subcontracting value of the contract. Instructions are both on the Small Business Subcontracting Plan and in Clause 52.219-9.