DRAFT RFP CUIS.pdf

TABLE OF CONTENTS

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Solicitation/Contract Form (SF-1442)………………………………………... 1 through 2

I. INSTRUCTIONS TO OFFERORS

A. General Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A-1 B. Procurement Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B-1 C. Proposal Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1C-1 D. Government Furnished Information . . . . . . . . . . . . . . . . . . . . . . . . . . . 1D-1

II. CONTRACT CLAUSES AND CONDITIONS

H. Special Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-H-1 I. Contract Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-I-1 Corporate Certificate

III. WAGE DETERMINATION

J. Minimum Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-J-1

IV. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS.

K. Representations and Certifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-K-1 L. Instructions, Conditions, And Notices To Offerors Or Respondents. . . 4-L-1

V. SPECIAL CONTRACT REQUIREMENTS

A. Division 100. General Requirements. . . . . . . . . . . . . . . . . . . . . . . . . 5A-2 Section 101. Terms, Format, and Definitions . . . . . . . . . . . . . . . . . 5A-3 Section 102. Bid, Award, and Execution of Contract . . . . . . . . . . . 5A-4 Section 103. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A-9 Section 104. Control of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A-9 Section 106. Acceptance of Work . . . . . . . . . . . . . . . . . . . . . . . . . 5A-10 Section 107. Legal Relations and Responsibility to the Public. . . . 5A-11 Section 108. Prosecution and Progress . . . . . . . . . . . . . . . . . . . . . 5A-12 Section 109. Measurement and Payment . . . . . . . . . . . . . . . . . . . . . 5A-13 B. Division 110. Design Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5B-1 Section 111. Roadway and Bridge Design . . . . . . . . . . . . . . . . . . . 5B-2 C. Division 120. Submittals and Reviews. . . . . . . . . . . . . . . . . . . . . . . . . 5C-1 Section 121. Design Submittals and Reviews . . . . . . . . . . . . . . . . . 5C-2 D. Division 150. Project Requirements. . . . . . . . . . . . . . . . . . . . . . . … . . . 5D-1 Division 150 Project Requirements . . . . . . . . . . . . . . . . . . . . 5D-2 Section 153. Design and Construction Quality Control . . . . . . . . . 5D-3 Section 155. Schedules for Design and Construction . . . . . . . . . . . 5D-8 E. Division 550. Structure Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-10 Section 556. Aluminum Gangway . . . . . . . . . . . .. . . . . . . . . . . . . . 5D-11 F. Division 600. Incidental Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-13 Section 637. Facilities and Services. . . . . . . . . . . . . . . . . . . . . . . . . 5D-14 Section 646. Floating Dock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-19 G. Division 700. Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-22 Section 715. Piling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-23 Section 717. Structural Metal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5D-23 Section 725. Miscellaneous Material . . . . . . . . . . . . . . . . . . . . . . . 5D-23

1A-1

PART 1. INSTRUCTIONS TO OFFERORS

SUBPART 1.A GENERAL INFORMATION

1.A.1 General

This Request for Proposals (RFP) is issued by the Federal Highway Administration, Eastern Federal Lands Highway Division (EFLHD), to solicit competitive proposals for a design/build contract for the design and construction of replacement docks at the St. Marys, Sea Camp and Dungeness dock locations; restoration of power to the St. Marys Dock and other work. This RFP is issued as part of a design/build selection process. Those Offerors selected after review and evaluation of their Qualifications are invited to submit their Proposals to design and build the Project according to the requirements and procedures contained in this RFP. Selected Offerors are those firms/teams who previously were notified in writing by EFLHD inviting them to participate Phase Two of this Design-Build selection process.

Offerors are directed to the FAR Subpart 9.5 and must describe any actual, apparent, or potential organizational conflict of interest if awarded the contract. Offerors shall also describe any action(s) it has taken or proposes to take to avoid or mitigate any conflict, and shall set forth any other information that the Offeror believes would be helpful to the Contracting Officer in analyzing the situation.

The Offerors invited to submit proposals are as follows:

1. *******

2. *******

3. *******

4. *******

1.A.2 Description of Project

Project GA ERFO NPS CUIS 2017-1(1) consists of removing existing damaged docks, piles and ramps; restoring access to the St. Mary’s Dock; design and construction of replacement docks at the St. Marys, Sea Camp and Dungeness locations; restoration of power to the St. Marys Dock and other work. The projects are located entirely within Cumberland Island National Seashore in Camden County, GA.

The base contract for the project may include, but is not limited to:

(a) removal of the existing floating docks and pilings at the St Marys, Dungeness and Sea Camp Docks;

(b) restoration of ferry service at the St. Marys Dock by means of permanent dock construction;

(c) maintenance of ferry service to the Sea Camp Dock on the Cumberland Island;

(d) design, fabrication and construction of floating docks, piles, fender and dolphin piles

(e) design, fabrication and installation of ABA access ramps from the dock to the ferry that incorporates and accommodates for tidal fluctuations;

(f) coordination with the ferry company;

(g) obtaining all the required permits;

(h) geotechnical study, hydraulic analysis and structural design of temporary and

1A-2 permanent replacement facilities for the docks;

(i) quality assurance and quality control for design and construction;

(j) project management including coordination with the NPS, USACE, Town of St.

Marys, and the Government of the United States of America – Federal Highway Administration(FHWA)/Eastern Federal Lands Highway Division (EFLHD or the Government).

It is anticipated that work will occur from work boats and barges except for construction activities required at St. Marys Dock to connect to the shore. Site access and construction activities are permitted seven days a week, 24 hours a day except where limited during the construction of the St. Marys Dock.

The design and construction cost for award is expected to fall within the price range of $1,000,000 and $5,000,000.

1.A.3 Definitions

FAR Clause 52.202-1 and Subsection 101.04, Definitions, is supplemented as follows:

Amendment -- Written or graphic instructions issued which corrects or changes the RFP or the contract documents.

Bid -- Response to the solicitation that, if accepted, would bind the Offeror to perform the resultant contract.

Offer -- Same as Bid.

Proposal -- Same as Bid.

Request for Proposal (RFP) -- The document prepared by the Government specifying and describing the Government’s objectives and the procedures to be followed in preparing and submitting of a proposal and awarding a contract.

Solicitation -- Same as Request for Proposal.

1.A.4 Description of Work Responsibilities

Contractor Responsibilities -- The Contractor shall be responsible for all work as described in these RFP documents. The scope of work includes: design; construction; maintenance during construction; project management; project scheduling; survey and mapping; quality control/quality assurance for design and construction; materials sampling and testing; obtaining permits (see Section 107); utilities relocations, adjustments, design or coordination for relocation, and utility service re-installment to impacted properties; maintenance of traffic;

coordination with other design and construction within and adjacent to the project; public involvement; and coordination with other governmental agencies and entities including federal, state, local governments, utility owners and private property owners impacted by the construction.

The Contractor’s Design Field Representative must be on-site during construction to ensure that

1A-3 the approved design is fully implemented by the construction crew in the field.

FHWA/EFLHD Responsibilities -- EFLHD is the representative for the Partner Agency and other significant stakeholders. EFLHD will perform management, design, and construction oversight activities of the Contractor’s operations and end products in order to satisfy the Partner Agency and stakeholders that the Contractor meets all the contract requirements. Included in the oversight activities will be design reviews, construction acceptance, independent verification testing activities, and oversight of construction operations including maintenance of traffic during construction and environmental compliance as outlined in this RFP.

NPS Responsibilities -- The NPS will provide input to EFLHD to ensure that the project design and construction are in accordance with applicable NPS specifications, standards, and guidelines for this project including: review of design submittals, and review and approval work within the Cumberland Island National Seashore.

1.A.5 Procurement Schedule

The following preliminary milestone dates have been identified. This schedule is subject to change at any time by EFLHD.

RFP; Issue RFP to Offerors.

RFP + 2 weeks Pre-Proposal Conference and Project Walk-Through with NPS, EFLHD, and Offerors.

RFP + 3 weeks Deadline for Recommendations for Changes to RFP.

RFP + 5 weeks Technical and Cost Proposals DUE by 2:00 pm local time to

EFLHD Office in Sterling, VA.

RFP + 8 weeks Evaluation Panel review for Technical Proposals, Best Value evaluation and recommendation to the Selection Official.

RFP + 12 weeks Award of Contract to one Offeror; Notification and Debriefing to

Unsuccessful Offerors.

RFP + 16 weeks Notice to Proceed (NTP) issued.

1.A.6 Stipulated Fee

A stipulated fee will be awarded to each Offeror, which provides a technically acceptable, but unsuccessful, proposal. If no contract award is made, all technically acceptable Offerors will receive the stipulated fee. The amount of the fee will be $5,000 and will be provided to each such Offeror within 90 days after award of the contract or decision not to award.

In consideration of its agreement to pay said stipulated fee, EFLHD reserves the right to use any ideas or information contained in a proposal in connection with any contract awarded for the Project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful Offeror.

1A-4

1.A.7 Organization of Request for Proposals

This RFP is divided into five parts:

(a) Part 1 provides Instructions to the Offeror;

(b) Part 2 contains Contract Clauses and Conditions;

(c) Part 3 contains the Wage Determination for on-site work;

(d) Part 4 contains the Representations, Certifications and Other Statements to be filled out by the Offeror;

(e) Part 5 contains the Special Contract Requirements (SCRs).

The SCR’s provide specific amendments and supplements to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14. Refer to Section 101 of the SCR’s for a further description of Part 5.

1.A.8 Offeror Site Visits

In addition to the Pre-Proposal Conference and Project Walk-Through scheduled in Subsection 1.A.5, an Offeror may visit the project during the proposal phase to conduct other investigations or studies, including geotechnical test borings, pavement borings, test holes for utilities verification, survey, etc. No ground disturbing activities will be authorized without prior approval.

Portions of this site have limited access because of damage. The Offeror must obtain approval from EFLHD to access the site. At a minimum, notify EFLHD and provide a plan of access to conduct investigations and studies. No ground disturbing activities will be authorized. The Offeror must be able to provide copies of all letters of permission or Rights of Entry upon request.

In accordance with FAR Clause 52.236-3, Site Investigation and Conditions Affecting the Work, the Offeror acknowledges that it has taken reasonable steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions, which can affect the work or its cost.

After award of the contract, subsurface or latent physical conditions at the site which differ materially from those indicated in this RFP, or unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the RFP, will be addressed in accordance with FAR Clause 52.236-2 Differing Site Conditions.

1B-1

SUBPART 1.B PROCUREMENT PROCESS

1.B.1 Procurement

1.B.1.a Method of Procurement

EFLHD is seeking Phase Two Technical and Price Proposals to design and construct the project in accordance with the two-phased selection process as prescribed in FAR 36.3. Only those Offerors who have been selected in Phase One will be eligible to submit Phase Two proposals.

The Phase Two process includes a pre-proposal conference/site visit, followed by a Technical & Price Proposal submittal, and finally a determination of award. EFLHD will award the contract (if at all) to the responsive Offeror determined to provide the “Best Value” to the Government.

EFLHD intends to award a fixed price contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)); therefore, the Offeror's technical and price proposal should be clear and complete and contain the Offeror's best terms. The Government reserves the right to conduct discussions if later deemed necessary. The Government further reserves the right to reject any or all offers if such action is in the Government's best interest.

Each Offeror shall submit an offer that fully addresses the evaluation factors contained in this solicitation and complies with the preparation and submission instructions contained in this solicitation.

1.B.1.b Examination of RFP Documents

Electronic copies of the RFP and the information called out in Section 1.D will be available to each Offeror who was short-listed in Phase One. The Offeror shall be solely responsible for examining the RFP documents, including all amendments issued, and for fully acquiring all information with respect to any conditions that may in any way affect the amount or nature of the proposal, or the performance of the work. Failure of the Offeror to so examine and all relevant information shall be solely on its own risk and no relief shall be provided by EFLHD for any error or omission committed by the Offeror.

1.B.1.c Interpretation of RFP Documents

The Offeror shall be responsible for reviewing the RFP documents and any subsequent amendments and for requesting clarification or interpretation of any material discrepancy, deficiency, ambiguity, error or omission, or of any provision which the Offeror otherwise fails to understand.

Any inquiries concerning interpretation of the contract documents must be in writing pursuant to FAR Clause 52.214-6, Explanation to Prospective Bidders.

For procurement and technical related inquires, contact:

Mr. Melvin Sloan Contract Specialist/Officer Federal Highway Administration Eastern Federal Lands Highway Division 21400 Ridgetop Circle Sterling, Virginia 20166

1B-2

Phone: 703-404-6205 Fax: 703-404-6217 E-mail: EFLHD.contracts@dot.gov

If EFLHD determines, in its sole and absolute discretion, that such interpretation or clarification requires a change in the RFP documents, EFLHD will prepare and issue an amendment. EFLHD will not be bound by, and the Offeror shall not rely on, any oral communication regarding the RFP documents, and shall not rely on any communication except written communications as described in the RFP documents. If the Offeror has meetings or discussions with other agencies or entities during the procurement phase, the Offeror shall be responsible for verifying this information with EFLHD.

1.B.1.d Receipt of RFP Documents and Other Notices

The Offeror shall specify the addressee(s) that EFLHD will send the communications concerning any contract notices or contract amendments. Failure to so notify EFLHD of addressee(s) may result in the Offeror failing to receive amendments or other important communications from

EFLHD.

1.B.1.e Addendums

EFLHD reserves the right to revise the RFP documents any time before PROPOSAL DUE DATE. Such revisions, if any, will be announced by amendments to the RFP documents.

Copies of such amendments will be furnished to all Offerors.

If any amendments significantly affect this RFP, as determined by EFLHD, a new PROPOSAL DUE DATE may be set. The announcement of such new date will be included in the amendments.

The Offeror shall acknowledge receipt of all amendments in accordance with FAR Clause 52.215-1, Instructions to Offerors-Competitive Acquisitions.

The Offeror may request proprietary meetings through EFLHD Contracts at any time during the solicitation period.

1.B.1.f Changes and Exceptions to the RFP Requirements

Offerors are encouraged to submit recommendations for changes to the RFP documents. Offerors shall submit the recommendations any time up to three weeks prior to the PROPOSAL DUE DATE. The Offeror shall fully explain the recommended change and the benefits to the Government associated with the recommendation being proposed.

If the Offeror wishes to submit such a recommendation, it shall be submitted directly to Mr.

Melvin Sloan at the address specified in RFP Subsection 1.B.1.c. Only written recommendations will be considered. If the recommended change is accepted, EFLHD will issue an amendment to the RFP to all Offerors.

If the recommended change is not accepted, EFLHD will so notify the Offeror who recommended the change. No further action will be taken. All information contained in mailto:EFLHD.contracts@dot.gov

1B-3 recommended changes not accepted will be held in strict confidence.

1.B.1.g Submission of Proposals

Each proposal submitted shall be delivered to EFLHD in sealed envelopes/boxes clearly addressed and identified for “Project No. GA ERFO NPS CUIS 2017-1(1); Reconstruction of Multiple Docks”. The Price Proposal shall be in a sealed envelope and clearly labeled. See Section 1.C for format requirements and number of copies required.

Submit all proposals so that they will arrive at EFLHD’s office at 21400 Ridgetop Circle, Sterling, Virginia, 20166, on the due date as specified in Section 1.A.5. Proposals shall be sent directly to the attention of Mr. Melvin Sloan. It is the Offeror’s sole responsibility to ensure that its proposal is received by 2:00 pm local time to the EFLHD Office in Sterling, VA on the due date. Proposals received after the time due will be rejected without consideration or further evaluation. In addition, it is the Offeror’s responsibility to ensure all requirements of the Technical Proposal for the RFP are included.

1.B.2 Pre-Proposal Conference/Site Visit

A mandatory Pre-Proposal Conference will be held on a date to be determined. The purpose of the conference is to explain or clarify the project specifications and requirements. Offerors are to submit written questions to the address or e-mail listed in Subsection 1.B.1.c. Remarks and explanations at the conference shall not qualify the terms of the solicitation and the specifications remain unchanged unless the solicitation is amended in writing.

Immediately following the Pre-Proposal Conference, the Offerors will have the chance to walk through the project with opportunities to stop and examine most sites. Government personnel will be available to clarify requirements at key sites and answer questions. A written record of the conference will be furnished to all Offerors.

EFLHD will coordinate the project site visit to the Cumberland Island National Seashore following the Pre-Proposal Conference.

1.B.3 Evaluation and Selection Procedure Steps

EFLHD will use a Best Value Selection procedure as described in Subsection 1.B.5.

The selection procedure will involve the following major steps:

(a) EFLHD receives Technical Proposals;

(b) Evaluation Panel (Panel) begins reviewing the Technical Proposals;

(c) Technical Proposals are evaluated by the Panel in accordance with the technical evaluation factors in subsections 1.B.4.b;

(d) Price Proposals are received and evaluated by the Panel;

(e) Relationship of quality versus price evaluated per Section 1.B.5, with the overall proposal providing the best value to EFLHD forwarded to the Selection Official;

(f) Contracting Officer makes determination of award.

1B-4

1.B.4 Proposal Submittal

1.B.4.a Review of Price Proposal

The Price Proposal will include the Contract Bid Price total (from Table 1 of Price Form 01, Subsection 109.06 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-14. Table 1 of Price Form 01 is available electronically) plus the Government’s Contract Administration Costs based on $1,800 per calendar day necessary to complete all contract work from Notice to Proceed (NTP) to final construction completion. The Offeror shall submit prices for each Lump Sum Bid Item, unit prices and quantities for each Statistically Accepted Bid Item, and unit prices for each Contingent Fee Bid Item as described in Section 109. In addition, the Offeror shall also provide the number of calendar days that they will commit to completing the project. The number of calendar days for completion of the project cannot exceed beyond Januay 31, 2021. The number of calendar days indicated by the Offeror will thereby establish the Final Completion date stated in Section 108, in which liquidated damages will be assessed for work required beyond that date.

The price used for evaluation purposes will be the sum of the Contract Bid Price and the Contract Administration Cost as shown on Price Form 01. The Government may reject a proposal if the prices shown are materially unbalanced between line items or sub-line items. A price proposal is materially unbalanced when it is based on prices significantly less than the cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the price proposal will result in the overall best value to the Government, or if it is so unbalanced as to be tantamount to allowing an advance payment.

See Subsection 1.C.3 for the required documents to be submitted with the Price Proposal.

The price provided will not be disclosed to individual technical evaluators prior to completion of technical evaluation.

1.B.4.b Review of Technical Proposal

EFLHD will use the evaluation criteria shown in 1.C.4 in assigning a numerical technical rating for each Offeror. The main categories of the technical proposal and maximum scores for each category are listed below:

• Technical Approach to Design and Construction. Maximum Score = 450.

• Quality Management and Other Management Plans. Maximum Score =300.

• Project Controls. Maximum Score = 125.

• Aesthetics/Workmanship. Maximum score = 125.

Failure to include information that the Government has indicated should be included may result in a proposal being downgraded and/or being found unacceptable/deficient if inadequate detail is provided.

1.B.5 Best Value Determination

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and

1B-5 technical (“non-cost”) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation. Technical evaluation criteria are listed in descending order of importance in 1.C.4.

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. Evaluation factors weighted scores are determined by their impact to the project. The Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price). The degree of importance of price could become greater depending upon the equality of the technical proposals. If competing technical proposals are determined to be essentially equal, price could become the controlling factor.

1.B.6 Award

The Selection Official will select for contract award the proposal which offers the best value to the Government.

The technical proposal will be incorporated into the contract by reference and the contractor shall be bound by its contents.

1C-1

SUBPART 1.C PROPOSAL REQUIREMENTS

1.C.1 Organization of Proposal

The proposal submittal to EFLHD shall include the following:

a) Cover Letter.

b) Executive Summary.

c) Technical Proposal containing:

1. Technical Approach to Design and Construction;

2. Quality Management and Other Management Plans;

3. Project Controls;

4. Aesthetics/Workmanship.

d) Price Proposal.

The proposal shall include the Offeror's complete technical response to this RFP and contain all required supporting documentation. All items shall be organized, clearly indexed, and easily identified by EFLHD. Submit the package to Ms. Shirley Anderson at the address shown in RFP Subsection 1.B.1.c. The Offeror shall submit one (1) copy of the Cover Letter, eight (6) copies of the Executive Summary, eight (6) copies of the Technical Proposal. Please submit 1 copy of only the Technical Proposal via CD Rom.

One (1) copy of the Price Proposal will be due on the date listed in section 1.A.5. The Price Proposal shall be in a sealed envelope clearly labeled.

Only the Technical Proposals and the Price Proposals will be evaluated during the Best Value Determination (Subsection 1.B.6). The Cover Letter and Executive Summary will not be scored.

In accordance with the disclosure agreement the contents of the proposals and all discussions regarding proposals will not be revealed.

1.C.2 Executive Summary

The Offeror shall submit an Executive Summary that is to be written in a non-technical style and shall contain sufficient information to familiarize EFLHD personnel with the Offeror's project approach and its ability to satisfy the requirements of the project. The Executive Summary is not to contain any pricing information. The Executive Summary shall be limited to a maximum of three (3) pages of text.

At a minimum, the Executive Summary shall include the following:

(a) a description of the major components of the project;

(b) a summary of the Offeror’s Approach to providing Temporary and Permanent Access to the project that identifies the required completion dates;

(c) a summary of the Offeror’s Management/Project Control plan;

(d) a summary of the Offeror’s Technical Approach to the project;

1C-2

(e) a summary of the Offeror’s team, identifying major participants and describing their roles in the project. Verify that major participants and key personnel have not changed from that submitted with the Phase One Request for Qualifications (RFQ).

In cases where the Executive Summary conflicts with the Technical Proposal, the Technical Proposal shall govern.

1.C.3 Price Proposal

All price information including contract form SF 1442; Representations, Certifications and Other Statements of Offerors; Price Forms 01 and 02; and the Offeror developed Forms PP01, PP02, and PP03 shall be sealed in a separate package and be clearly marked “PRICE PROPOSAL.”

Include in the Price Proposal the anticipated amounts of the monthly progress payments for the entire contract.

The price to be used for the price proposal evaluation will be the sum of the Contract Bid Price and the Contract Administration Cost as shown on Price Form 01. In the case of multiplication errors, the Bid Amount will be based on the Unit Price bid. In the case of addition errors, the Bid Amount will be based on the individual Line Items.

Contract form SF 1442 shall be executed by an authorized representative of the Offeror in accordance with Federal Acquisition 52.214-18 -- Preparation of Bids – Construction

The Offeror shall provide appropriate evidence of authority (such as an authenticated resolution of its governing body and certificates of incumbency or powers of attorney) of the person signing the proposal to bind the Offeror to each proposal should it be accepted by the EFLHD.

The Offeror shall complete form SF 1442 entirely and the Bid Guarantee shall conform to bonding requirements contained in Section 102.

The Offeror shall submit a Subcontracting Plan meeting the requirements of Section 108.02 of the RFP.

1.C.4 Technical Proposal

The information submitted in the proposal will be evaluated by the Board using the criteria shown below.

The proposal shall contain clearly written material that is legible and complete. Offerors should not include standard manuals in this proposal. Approach and discussion information should be concise and specific to this project. All drawings should demonstrate a clear understanding of the RFP and enable the Board to easily evaluate the capabilities of the Offeror for the work on this project. The proposal shall consist of text, plus drawings, graphs, photographs, and tables as needed to clearly describe the Offeror's approach to the work.

The technical solutions shall be organized into the following major sections and shall provide proposed solutions, analyses, and other information necessary for the Board to be able to evaluate the Offeror’s reasoning and approach. The Offeror shall be responsible to include all Technical solutions requested for evaluation. Failure to include any requested solution to the

1C-3 work items below will result in rejection of the proposal for being technically unacceptable:

1.C.4.a Technical Approach to Design and Construction. Total Maximum Score = 450.

1. Approach to design and construction, including but not limited to any minor adjustments to dock vertical and horizontal alignments that may reduce construction cost; improve survivability, decrease construction times and ensure partner satisfaction with the project.

Maximum score = 130.

Submit a typical section for each roadway showing material types, depths, and lateral limits of each pavement structure element. On a plan and profile view, identify the significant design features of the individual improvement locations, including: pile depths, deck elevation, design storm water surface elevations, wave height, and tidal influence. Other design features adjacent to the dock include (but not limited to): curbs, inlets, channelization, barriers, guardrail, slopes, minor culverts, proposed utility relocations, and other required design elements. Illumination, signing, and signal details may be provided on plan sheets or separately. Identify the appropriate design criteria for each feature. Identify any deviations, other than approved design exceptions, from established design criteria that will be utilized.

Explain why the deviation is necessary. Any adjustments to the Government Provided Data must be clearly noted.

Include the following information:

• proposed material types for piles, docks, ABA access and electrical systems for each dock. Submit structure design life (minimum 20 years for structures) and maintenance expectations for each dock;

• proposed preliminary dock alignments, profiles and elevations meeting all design criteria;

• approach to the geotechnical study of existing soils at each site as well as the proposed foundations;

• approach to Hydraulic Design of the docks;

• hydrological design methodologies for temporary and permanent erosion control and materials, design storm selections, and installation methods to conform to Best Management Practices, Federal, and local laws;

• proposed temporary traffic control during construction to minimize traffic disruptions;

• proposed construction staging and storage areas.

2. Approach to providing access. Maximum score = 320.

• Proposed approach to providing access to minimize disruptions to local roads and streets.

• Proposed approach to providing access method to maintain existing access levels during construction.

1C-4

• Proposed method to provide full temporary or permanent access at the St. Marys Dock within 60 days of the Notice to Proceed.

• Proposed method to provide full access at the St. Marys Dock, the Sea Camp Dock and the Dungeness Dock by January 31, 2021.

1.C.4.b Quality Management and Other Management Plans. Total Maximum Score = 300.

1. Proposed Quality Assurance and Quality Control plans for design and construction in order to deliver a quality design and construction project on-time and within budget (see Sections 153 and 155). The QA/QC plans shall be developed and the QA/QC testing shall be performed in accordance with the Design Build Quality Program for EFLHD Design Build Projects. Maximum score = 150.

• Description of management system to be used to control costs. Include procedures to ensure project is designed and constructed within approved budget. Also include documentation procedures and procedures for keeping EFLHD and the NPS informed and up-to-date.

• Preliminary Schedule of Values showing approximate quantities and contribution factors for each Pricing Item activity. Do not include pricing information with the preliminary Schedule of Values submitted with the Technical Proposal.

• Description of QA/QC procedures for design and construction, including but not limited to independent reviews, and Contractor’s inspection of the construction operations (Section 153).

• Organizational structure. Include a summary of the Design-Build team, identifying major participants and describing their roles in the project. Include a summary of key personnel to be assigned to the project. At a minimum, include the Design-Build Project Manager, the Engineer of Record, the Construction Superintendent and the QA and QC Managers. Verify that major participants and key personnel have not changed from that submitted with the Phase One Request for Qualifications (RFQ). Also include how the design personnel will interface with the construction efforts.

• Procedures for coordinating with EFLHD and the NPS during the design to ensure all comments and concerns are incorporated (see Section 121).

2. Approach to coordinating with the NPS, entities such as Fire & Rescue, Police and local jurisdictions on the preparation of the Traffic Management Plan; and approach to public safety and public awareness. Maximum score = 75.

• Description of overall approach to coordinating with the NPS and affected property owners to ensure that all traffic and access needs are understood and met.

• Proposed public safety plan (including accident management and reporting) and stakeholder and public awareness efforts during construction.

• Procedures for public involvement during design and for addressing public concerns during design and construction.

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• Proposed stakeholder and public involvement during the design and construction.

3. Procedures and coordination for obtaining permits (see Subsection 107.01) to ensure that the permitting agency’s requirements are incorporated during design and construction, and that the project remains on schedule. Maximum score = 75.

• Procedures for coordinating with each of the permitting agencies listed in Subsection 107.01, and for ensuring that all of the permitting agency’s requirements are incorporated into the design and construction of the project. Include any other agencies not specifically listed that may potentially require a permit. Include procedures for ensuring that permit submittals, agency reviews, and other requirements do not delay the overall project schedule.

• Description of overall subcontracting plan (see Subsection 108).

• Procedures for housekeeping, clean-up, personnel control, and other management or project control procedures.

1.C.4.c Project Controls. Maximum Score = 125.

Procedure and coordination for monitoring the commencement, prosecution and completion of work and reporting to EFLHD.

• Description of system to be used to manage the design and construction schedule.

Include procedures to ensure a timely completion of the project. Include procedures for rescheduling activities and schedule recovery. Also include documentation procedures, and procedures for keeping EFLHD and DPW informed and up-to-date.

• Project Completion Time. The completion of contract with respect to established contract time, and any proposals for delivering ahead of the Contract completion date.

• Proposed project schedule. Include major and critical activities for design and construction (including EFLHD and NPS reviews), durations, logical relationships, and design and construction milestones. Include milestones for Preliminary Design Submittal; Intermediate Design Submittal; Final Design Submittal; permitting; Beginning of Construction, and End of Construction. The completion of contract with respect to established contract time, and any proposals for delivering ahead of the Contract completion date.

• Procedures to ensure timely review and approval of submittals, both internal between the Contractor and the Design firm, and external between the Contractor/Designer and EFLHD, NPS, and permitting agencies.

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1.C.4.d Aesthetics/Workmanship. Maximum score = 125.

Approach to providing a finished facility that will accommodate existing demand, facilitate future capacity and increase survivability.

• Description of dock and ABA access systems that will provide for the existing demand and future needs.

• Description of the dock that addresses the structures capacity to survive the environment and resilience to design storms over the life of the structure.

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SUBPART 1.D GOVERNMENT FURNISHED INFORMATION

The Government is furnishing each of the following documents/information with this RFP. The Government’s documents/information are for the Contractor’s information only. The Contractor may use them for their own design. There is no guarantee that a design based on the Government’s documents/information will be approved. The Contractor can elect to use this information in his/her own design; however, they are still responsible for satisfying all requirements listed in the RFP:

Project Information

1. Project Files

a. Dock Investigation 2017

b. Plans Alterations Ferry Docks 2014

c. Plans Pilings

d. Calculations Alterations Ferry Docks 2014

e. Conceptual Plans

f. Survey and Mapping files

2. Categorical Exclusion dated March XX, 2020

3. FP-14 Standard Specifications for the Construction of Roads and Bridges on Federal

Highway Projects

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PART 2. CONTRACT CLAUSES AND CONDITIONS

2.H SPECIAL TERMS AND CONDITIONS

2.H.1 Government Rights (Unlimited)

The Government (FHWA-EFLHD) shall have unlimited rights in all drawings, designs, specifications, notes and other works submitted during Phase II of the design/build selection process and developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.

2.H.2 Design-Build Contract – Order Of Precedence

(a) The contract includes the standard contract clauses and schedules current at the time of award. It also entails: (1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection, and (2) the successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

(2) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND

DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

2.H.3 Proposed Betterments

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

(b) “Betterment” is defined as any component or system, which exceeds the minimum requirements, stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the “Proposal Submission Requirements” of the Solicitation, and all Government identified betterments.

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(c) “Government identified betterments” include the betterments identified on the “List of Accepted Project Betterments” prepared by the Proposal Evaluation Board and made part of the contract by alteration, and all other betterments identified in the accepted Proposal after award.

2.H.4 Key Personnel, Subcontractors And Outside Associates Or Consultants

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during the RFQ submittal process. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

2.H.5 Designer Of Record

The contractor shall designate the Designer of Record (DOR) for this project. The DOR shall be a registered, licensed, Professional Engineer in the State of Georgia and shall meet the requirements of contract clause 52.236-25 “Requirements for Registration of Designers” and is responsible for the following:

(a) Serves as the single point of responsibility for all design decisions.

(b) Reviews and seals all record drawings and specifications.

(c) Reviews and approves all shop drawings and subcontractor extensions of design.

(d) Conducts and documents preliminary project acceptance inspections prior to owner/final inspections.

(e) Provides design insurance for the project.

2.H.6 Responsibility Of The Contractor For Design

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) Neither the Government’s review, approval, acceptance of, nor payment for the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

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(d) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable there under.

2.H.7 Warranty Of Construction Work

(a) In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect found to not be in conformance with the contract requirements within a period of one year from the date of the Government’s Final Acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Government takes possession. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property.

(c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement, or to the end of the warranty period for the specific item, whichever is longer.

(d) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(e) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect or damage at the Contractor’s expense.

(f) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(g) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes or fraud.

2.H.8 Sequence Of Design-Construction

(a) After receipt of the Contract Notice to Proceed (NTP), the Contractor shall initiate design, comply with all design submission requirements as covered under Division 100 General Requirements, obtain Government review and approval of each submission. The dock plans may be submitted to the CO in logical subsections and consisting of work packages such as: 1) Demolition of existing structures 2) Construction of Temporary or Permanent Access at the St. Marys Dock 3) Construction of the Dungeness Dock, 4) Construction of the Sea Camp Dock, 4) Construction of

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Permanent Access at the St. Marys Dock (if required). No construction may be started until: the Government reviews and approves the Final Design submission for the individual component and determines it satisfactory for the purposes of construction. The CO will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design re-submittal required when, in the opinion of the CO, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.

(d) In the event that the conditions from (a) are not met, the clearance for construction may never be given for the project.

2.H.9 Contractor’s Role During Design

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor’s involvement includes, but is not limited to, actions such as: integrating the design schedule, partnering with the Ferry Company and National Park Service (NPS) to maximize the effectiveness of fast-tracking design and construction (within limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QA/QC program with the design QA/QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

2.H.10 Recommended Insurance Coverage

The Design-Build Contractor’s attention is invited to the contract requirement concerning “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN” and “WARRANTY OF CONSTRUCTION WORK”.