QA_08-04-2021.pdf

AK PRA DENA 10(36)

Replace Ghiglione Bridge

# General Technical Question Answer Date

1 X

If a HUBZone small business does not bid the project will the Government apply the 10% factor to small business prime contracting firms?

No. See Price Evaluation Factor paragraph on Page A‐2 of the Notice to Bidders.

6/30/21

2 X Are all answers for the previous solicitation still relevant? Could you please post those Q&A’s if so? Otherwise I do have some repeats to ask.

Answers from the previous solicitation may not apply to the current solicitation of this project, so the Q&A’s from the previous solicitation will not be posted. Please submit questions applicable to this solicitation according to the current solicitation documents for this project.

7/19/21

3 X As a small business do we need to submit Attachment 1 – FHWA Subcontracting Plan (Pages A‐6a through A‐6e) with the bid?

No. 7/22/21

4 X

Specification section 715. PILING, subsection 715.05, (a) states Steel pipes, Conform to API 5L X52 PSL2, API 2B using ASTM A709, Grate 50T3 or ASTM A 709 (one helical seam weld); and Drawing No. RG3147‐C FOUNDATION PLAN, FOUNDATION NOTES, states; Steel pipe piles shall conform to ASTM A53, Grade B, Fy = 35ksi.

Which piling specification governs?

This will be addressed under Amendment A001.

7/22/21

Check General or Technical

5 X

For Pipe Piling, is it acceptable to use Domestic Straight Seam 18” OD X .605” Wall pipe per ASTM A252 gr. 3 w/50ksi minimum yield strength in lieu of 18” OD X .500” Wall pipe?

No. This will be addressed under Amendment A001.

7/22/21

6 X Please provide a plan holders list for this project.

Obtain the registered vendors list (aka planholders list) for this project as follows.

Register in sam.gov and link your entity to your registration. After doing this, log into sam.gov to find the interested vendors list under this announcement. Contact the Federal Service Help Desk if you experience further issues.

7/23/21

7 X

SCR 637.04 requires the contractor to provide to the Government internet service with a download speed of 15 Mbps and upload of 3 Mbps at the Toklat Pit. The only currently available internet connection at that location is through satellite, which does not come close to those speeds. Please provide achievable requirements.

We are aware internet service will require a satellite connection. Satellite internet providers are currently advertising upload and download speeds that meet the contract requirements (see https://www.cnet.com/home/internet/best‐ satellite‐internet/).

7/26/21

8 X

SCR 637.04 requires the contractor to provide to the Government phone service. The only phone service available is through a Sat phone, with all calls being long distance. Will this be acceptable?

Meet the requirements of Subsection 637.04, which requires providing internet service and satellite television service; and also requires providing 3 satellite devices that allow sending and receiving an unlimited number of text messages to other mobile phones.

7/26/21

9 X The published wage rates appear to be out of date.

The wage rates in the solicitation documents are current.

7/26/21

10 X Orion requests a 1 week delay to the bid date.

The hard copy of Bid Bond will not be received in time for 7/29 bid opening.

The Government intends to extend the bid opening date.

7/26/21

11 X Will there be any coatings on the piling? I haven’t found anything in FP‐14 or SCR Section 551 that says if it is or not.

No. 7/26/21

12 X

Section 555.18 requires use of steel erectors certified under the AISC Quality Certification Program. There are very few of these certified erectors in Alaska interested in the job. Could this be revised so the Alaska construction norm of using experienced iron workers or pile drivers could be utilized?

This has been addressed under Amendment A001.

7/26/21

13 X Please provide the lumber grade and pressure treatment specification for the timber rail.

See the first paragraph of FP‐14 Subsection 710.06(c).

7/26/21

14 X Could you provide gradations for the materials stockpiled for use on this project?

Gradation information for Toklat Pit Material Stockpiles 1, 5, 6, 7, and 8 have been provided in the plans, SCRs, and specifications. The Government does not intend to provide additional information at this time.

7/26/21

15 X

Please confirm no changes from Section 552.06, concrete will have to be mixed in a certified plant per AASHTO M157. Batching by use of trucks on site as is typical in remote Alaska will not be permitted.

FP‐14 Subsection 552.06 are standard requirements for batching plants, mixers, and agitators to be used for the work; and does not require the use of batching plants.

See FP‐14 Subsection 552.05 for concrete batching, and Subsection 552.07 for methods of mixing that are allowed.

16 X

104.05 says no equipment will be allowed West of MP 15 before May 22 other than for Section 622 vehicles. Could clearing equipment also go before that date to beat the bird window? Or will others clear early as was the case in the previous solicitation?

No. See Subsection 107.10(e)(3). 7/26/21

17 X Please advise on extended bid date.

Surety is reissuing bid bond.

This has been addressed under Amendment A002.

7/26/21

18 X

The Contract is silent as to Access to the Work.

Please confirm that the Owner shall provide uninterrupted access to the Work or explain what is intended and identify any known limitations.

See Special Project Requirements on Page A‐ 2b of the Notice to Bidders and bid accordingly.

7/26/21

19 X

The Contract Documents appear silent as to adequacy of design. Please confirm that Contractor may rely on the plans and specifications provided to Contractor by the Owner, and, that the Contractor shall review the Contract Documents for scope constructability and for purpose of pricing the work as indicated, and that Contractor's review if not for the purpose of verifying the Owner's design, or explain specifically what is intended.

Submit bids according to the solicitation documents (see Subsection 104.04).

20 X

The Contract Documents appear unclear on dealing with excusable weather delays for adverse weather in excess of anticipated. Please provide the monthly table of expected adverse weather days or confirm that the use of either U.S. Army Corps of Engineers or another government tabulation of expected adverse weather by month for the Project area is acceptable, and, confirm that such adverse weather days in excess of those expected, if any, shall be handled by the parties as a compensable delay, or explain what is intended.

See Subsection 108.03. 7/26/21

21 X

The Contract Documents lack clarity on the handling of excess adverse weather. Please confirm that the Parties will use a standard calendar of anticipated adverse weather of expected days by month of expected adverse weather and that Contractor shall track, document and present adverse weather in excess of anticipated on a weekly basis for an adjustment of the Contract Time, with such adjustment presented on a monthly basis, or explain what is intended.

See Subsection 108.03. 7/26/21

22 X

FAR 52.236‐11, states that the Government's early beneficial occupancy of all or part of the Work ""shall not be deemed an acceptance of any work under the Contract."" This is contrary to the industry standard. Please confirm that if the Owner takes beneficial occupancy of the Work or any portion of the Work, such beneficial occupancy shall commence warranty obligations with respect to the occupied portion of the Work, or, if not, clarify what is intended.

Submit bids according to the solicitation documents.

7/26/21

23 X

Please confirm that if the Owner takes beneficial occupancy of the Project or any identifiable portion of the Project, such beneficial occupancy shall commence warranty obligations with respect to the occupied portion of the Work, or, if not, clarify what is intended."

See FAR Clause 52.236‐11, and bid accordingly.

7/26/21

24 X

The Contract Documents do not clearly identify the relevant weights of the indicated criteria.

Please rank those from most to least important or assign a percentage of the total score associated with each criterion or evaluation factor, including any subfactor(s).

The Government will not be providing this information. Please bid according to the requirements of the solicitation documents.

25 X

The Contract Documents do not indicate the maximum number of days that offers shall remain valid. Please confirm that bids shall remain open and valid for sixty (60) days after the bid opening date and shall then expire without further action unless previously extended in a signed writing by Offeror received before 6:00 PM local time at the place to receive bids on the 60th day after the bid opening date.

60 calendar days per Item 13d on Page A‐3 of the SF‐1442.

7/26/21

26 X

The Contract Documents appear silent on a Builder's All‐Risk Policy. Please confirm that the Owner intends to and shall carry a Builder's All Risk policy in the face amount of the Project until the Project achieves Substantial Completion or until the Owner takes Beneficial Occupancy, whichever is earlier, or, that the Owner will reimburse Contractor for the cost of such Builder's All‐Risk policy if carried by the Contractor in the absence of such an Owner policy, or, explain what is intended.

Submit bids according to the solicitation documents.

27 X

The Contract Documents appear silent on any Certificate of Completion. Please confirm that the Owner will, after receipt of Contractor's written notice of Substantial Completion, inspect the Work within five (5) business days and will provide Contractor a written Certificate of Substantial Completion or a written explanation and list of any basis for denying such milestone achievement in the same 5‐day period.

See FAR Clause 52.246‐12 and bid accordingly.

7/26/21

28 X

The Contract Documents appear unclear on the amount of time for Owner review of a Proposed Change Order. Please confirm that any Proposed Change Order (PCO) delivered by Contractor to Owner shall receive approval or be returned with written comment within fourteen (14) calendar days, or thereafter be considered null and void without further action by either party, unless extended in a signed writing by Contractor before 6:00 PM local time at the Owner's place of business on the 14th day after the date that such PCO was delivered by Contractor to Owner, or identify any other period Owner intends.

Submit bids according to the solicitation documents.

7/26/21

29 X

The Contract Documents appear silent on the Choice of Law. Please confirm that the Contract shall be interpreted and construed consistent with the statutory and common law of the State where the Project is located without regard to any conflict of law provision.

Submit bids according to the solicitation

30 X

Please confirm that the Owner has provided Contractor a complete and conformed electronic set of all Contract Documents with reasonable time for review prior to bid submission, acknowledging that Offeror is not bound to any requirement not included in any Contract Documents not provided for use in bidding, except as required by law or code, or explain what is intended.

Submit bids according to the solicitation documents. Bidders are encouraged to perform site visits to verify the accuracy of the solicitation documents before submitting bids.

7/26/21

31 X

The Contract Documents are silent on novel corona virus 2019 (COVID‐19) impact costs.

Please clarify if Owner will negotiate those impacts in the form of a change order for time and cost impacts, or provide guidance on how Offeror should price those impacts and include them in it offer.

Submit bids according to the solicitation documents.

7/26/21

32 X

What, if any, COVID‐19 pandemic mitigation measures are applicable to this Project, and are they to be included in the Contract Bid Price or will they be handled as a Change Order?"

Submit bids according to the solicitation documents.

7/26/21

33 X

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.

Submit bids according to the solicitation

34 X

Please confirm that Liquidated Damages ("LDs") are the Owner's sole and exclusive remedy with respect to any late substantial completion ("SC") caused solely by Contractor, and that each Party accepts that LDs are considered to be direct damages and not to be considered indirect damages, or explain what is intended.

Submit bids according to the solicitation documents.

7/26/21

35 X

The Contract Documents appear to allow the Owner to direct acceleration without compensation when the cause for critical path delay is by other than the Contractor. Please confirm that the Parties shall negotiate the compensable impacts of any directed or constructive acceleration of the Work except where such acceleration or recovery of delay to the Project critical path due solely to Contractor critical path delay and without corresponding critical path delay by the Owner or others, or explain what is intended.

Submit bids according to the solicitation

36 X

FAR 52.249‐10(a), pg. 175 of the Solicitation, provides that Owner ""may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work."" Taking over Contractor’s owned equipment is an extraordinary measure that violates a Bidder’s corporate policy as well as existing covenants and enforceable agreements.

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.

Submit bids according to the solicitation documents.

7/26/21

The Contract Documents appear unclear on the procedure for Final Completion. Please confirm that following Substantial Completion, the Contractor will provide the CO with any close out documentation, final lien releases and waivers and claims, as required by the Government and then the CO will issue written notice of Final Completion. If any other procedure is intended, please explain.

Submit bids according to the solicitation documents.

7/26/21

38 X

The Contract Documents are unclear on existing HAZMAT. Please confirm that the Contract Documents disclose any presently existing HAZMAT within the project limits and include the location, the specific material(s) and concentrations determined, when such HAZMAT is expected to be remediated by the Owner, or explain what is intended.

There is no known HAZMAT within the project limits.

39 X

Please confirm that Owner shall indemnify, defend, and hold Contractor, its agents, officers, parent company, subsidiaries, harmless from and against all claims, damages, fines, fees, remediation, damages, and costs including, without limitation, reasonable attorneys' fees and costs, arising out of or resulting from pre‐ existing hazardous materials or conditions, except to the extent of Contractor's fault or negligence, or explain what is intended."

Submit bids according to the solicitation documents.

7/26/21

40 X

The Contract Documents provide for liquidated damages for delayed completion, but no incentive for early completion. Please provide a similar daily amount for achieving Substantial Completion more than fifteen (15) calendar days prior to the Baseline Schedule date, which allows a fifteen‐day benefit solely to the Owner, and then day‐for‐day benefit sharing among Contractor and Owner.

The Government does not intend to add early completion incentives on this project.

Please bid accordingly.

41 X

FP‐14 107.05 states Contractor shall indemnify the Government for damages "...resulting from the construction operations...". This appears to be overly broad and require Contractor to indemnify the Government for its own negligence when those damages result from construction operations. Please confirm that each Party shall be responsible to the other Party to the extent and in the proportion that the Party's acts or omissions result in impacts to the other Party or to third parties, or explain what is intended.

Submit bids according to the solicitation documents.

7/26/21

42 X

The Contract Documents appear unclear on Inspection and observed potential or actual deficiencies. Please confirm that upon identifying any perceived defective Work, Owner or Owner's agent shall promptly provide written notice of the same to Contractor, including reference to appropriate specification or plan, for verification by Contractor, or explain what is intended.

See requirements of Section 153; as well as, Subsections 104.01 and 104.02; and bid accordingly.

7/26/21

43 X

Vehicles: Will government retain possession of contractor‐suppled vehicles during the 2021/2022 & 2022/2023 winter shut downs? F‐ 29, Section 637.

This will be addressed under Amendment A003.

44 X

Vehicles: The specs state: “The Government will not indemnify the Contractor for Government caused damage to third parties”. Will FHWA consider revising this language? As written, language is too broad for insurance under writers. F‐29, Section 637.

The Government does not intend to modify this language. Please bid accordingly.

7/26/21

45 X

Piling: Specs do no call out pile corrosion protection above ground line. Typically, piles exposed to elements are galvanized in Alaska.

Please verify piles do not receive any coatings.

Pile coatings are not required. 7/26/21

46 X

Concrete Batching: The specs will require the contractor to mobilize a concrete batch plant to the Toklat Camp area. This will result in $2,000/CY + concrete. Would FHWA allow concrete batching using pre‐ mixed super sacks, with metered water added at the sire. If this is not acceptable, would FHWA allow batching by weighing aggregate/cement, metering water, metering admixtures and truck mixing? Fast Way plants are available for remote concrete mixing and have proven reliable in meeting specifications. See photo.

We didn't receive a photo, but the specifications do not require use of a concrete batch plant. Submit bids according to the solicitation requirements.

7/26/21

47 X

Please consider delaying the bid date by 2 weeks. Construction will not start until 2022.

Extra time for contractors to prepare accurate cost estimates will benefit the project.

This has been addressed under Amendment A002.

48 X

The Contract Documents appear unclear on the order of precedence among the various Contract Documents. Please clarify the Order of Precedence among the various Contract Documents and identify any such Contract Documents not provided.

See Subsection 104.06 and bid accordingly. 7/26/21

49 X

The Contract Documents appear unclear on permits. Please confirm that any and all Project/building permits shall be the sole responsibility of the Client/Owner or explain what is intended.

Government‐obtained permits are in Section H. See Subsection 107.01 and bid accordingly.

7/26/21

50 X

Please indicate whether retainage may be placed by Owner at Contractor's request in an interest earning account until such payment of retainage with interest earned to Contractor, or explain why this is not available.

Submit bids according to the solicitation documents.

7/26/21

51 X

Please indicate whether the Owner will consider a retention/retainage bond at Contractor's sole cost in lieu of percentage retainage in order to enhance Contractor cash flow without significant added risk to the Owner, or explain why this is not available.

See FAR 52.232‐5 and bid accordingly. 7/26/21

52 X

Please confirm that any outstanding requests for information, which are timely submitted, shall be resolved during negotiations after award.

Submit bids according to the solicitation

53 X

Please confirm that timely submitted Requests for Information and their corresponding responses shall be incorporated into the Contract Documents, or explain what is intended by excluding them."

Submit bids according to the solicitation documents.

7/26/21

54 X

The Contract Documents do not indicate the timeline for review of RFIs. Please clarify that the CO shall respond in writing and promptly within fourteen (14) calendar days following receipt of any RFI from Contractor, or explain what is intended.

Submittal times vary according to the requirements within the solicitation documents. Bid according.

7/26/21

55 X

The Contract Documents do not indicate incomplete right‐of‐way ("ROW") acquisition or impairment of Project Work. Please confirm; or, if there are acquisition, easement or title issues, please disclose those in writing and indicate the expected date of resolution of each and provide the contact information for such land‐ acquisition person or persons.

The government has not obtained ROW or easements for this project since all prescribed work is within the ROW for Denali National Park. Perform all work within the construction limits shown on the plans to remain within the ROW of Denali National Park.

56 X

The Contract Documents are unclear on Substantial Completion. Please confirm that the Contractor shall provide CO written notice of Substantial Completion, and that the CO will, within ten (10) work days of receipt of such written notice, organize its team and conduct a single, joint, pre‐final inspection in which the Parties will create a punch list to be completed to reach Final Completion; After that, the CO will conduct a follow‐up inspection of the Work to confirm punch list completion. Upon verification that punch list work, the CO shall issue Contractor a letter of written of Substantial Completion w within three (3) business days. If any other procedure is intended, please explain.

See first definition on Page 10 of FP‐14, and bid accordingly.

7/26/21

57 X

The Contract Documents are unclear on the tax‐ exempt status of the project. If there is any available tax‐ exempt status, please clarify and provide guidance, or confirm that no such tax‐ exempt status exists with respect to the work.

Submit bids according to the solicitation documents.

7/26/21

58 X

Please confirm that following conversion by Owner/Client of any Termination for Default to a Termination for Convenience in which Contractor engages counsel for the purpose, Owner shall reimburse Contractor for such reasonable and necessary legal costs.

See FAR Clauses 52.249‐2 and 52.249‐10;

and bid accordingly.

59 X

The Contract Documents do not appear to indicate any specific Utility Conflicts of conflicts with underground infrastructure. Please confirm that the Plans properly reflect all known, existing subsurface utilities and infrastructure (whether in the ground or adjacent waters, if any), or specifically identify what inaccuracies exist, where, and with respect to what specific utilities services (like water, sewer, gas, low voltage); and, provide the expected date of relocation or removal, indicating the responsible entity and point of contact for each separate utility.

There are no known utility conflicts within the project limits. Perform all work within the construction limits shown in the plans and follow the requirements of Subsection

107.02 to avoid, protect, or work on any existing unforeseen utilities encountered within the project limits.

7/26/21

60 X

The Contract Documents appear unclear on the relocation of any utility conflicts, if encountered. Please identify necessary each incomplete utility relocation, if any, within the project limits with a date for completion and a contact for coordination; and, please confirm that the Parties shall negotiate an equitable adjustment for any cost or time impacts resulting from undisclosed utilities, if encountered, or explain what is intended.

There are no known utility relocations required within the project limits. Perform all work within the construction limits shown in the plans and follow the requirements of Subsection 107.02 to avoid, protect, or work on any unforeseen existing utilities encountered within the project limits.

7/26/21

61 X

The Contract Documents do not appear to Value Engineering. With respect to any Contractor proposal presented and accepted by Owner which provides demonstrated and quantified benefit, please confirm that Owner will "benefit share" such accepted proposal by paying Contractor 50% of Owner's economic benefit, or explain what is intended.

See Subsection 103.03 and FAR 52.248‐3. 7/26/21

62 X

Please confirm that the warranty period prescribed in FAR 52.246‐24 (b) Warranty of Construction will apply to this Solicitation or explain what is intended

The solicitation documents do not reference FAR 52.246‐24.

7/26/21

63 X Our intent is to batch concrete using the unit shown in the attached photos, and mix in trucks. Acceptable?

See Answer to Question 15 in the latest QA file posted for this project on sam.gov, which is currently QA_07‐27‐2021.pdf, but subject to change after we respond to additional bidder questions we receive.

7/26/21

64 X

We anticipate that the mobilization costs will exceed the 10% threshold for payment. This is due to the mobilization magnitude and two work season mobilizations. Can the payment threshold be increased?

The Government does not intend to modify the Mobilization thresholds listed under Subsection 151.03 at this time. Please bid accordingly.

7/27/21

65 X Can a "Worker Meals and Lodging, or Per Diem" item be added to the bid schedule due to the large magnitude of the cost involved?

The Government does not intend to add a bid item for "Worker Meals and Lodging, or Per Diem" at this time. Please bid accordingly.

7/27/21

66 X Is the "Cellular Phone Service" bid item a mistake? Do you want a satellite phone to be provided?

This will be addressed under Amendment A003.

7/27/21

67 X Regarding the Removal of Bridge item, do all of the existing bridge piling in the ground need to be removed?

This will be addressed under Amendment A003.

7/27/21

68 X

This question is a follow up to our previous question and your answer (in amendment #3) regarding the existing piling in the ground (Question #67 in QA_07‐28‐2021.pdf))

More than likely the existing bridge pier foundation piling in the ground cannot be removed. Can they be cut off at a certain depth and left in the ground?

See Subsection 203.04(a); and the first, fourth, fifth, & eighth paragraphs of Subsection 203.04(b).

8/2/21

69 X

Orion is hand‐delivering a bid for the Ghiglione Bridge on Thursday, 8/5 Please advise on FHWA building security, COVID & room where Proposal will be turned in.

Deliver proposals to the address shown in Block 8 of SF‐1442 on Page A‐3 of the solicitation. All visitors are required to access the building through the main entrance on E 5th Street and sign‐in at the front desk, and CDC Guidelines are the required protocol inside the building, which currently includes the requirement that all individuals entering the building shall wear a mask at all times while in the building.

8/2/21

70 X

I submitted the following request over a week ago, and it has not been resolved. I tried calling yesterday, but no one returned my call. Tried to call again this morning, but no answer. I am unable to check status of the project nor to review questions and answers. Please resolve this issue in time to prepare our bid.

I see the notice has been updated, but the information in not available, the area below “Request Access” has a spinner that won’t quit.

Unfortunately, we are unable to resolve any issues bidders may have with sam.gov.

8/4/21