70Z04723R43000005 Amendment 004.pdf

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RECAPITALIZED STATION-ANT BUILDINGS, BUFFALO, NY

AMENDMENT 004

SOLICITATION NO. 70Z04723R43000005 IS AMENDED AS FOLLOWS:

I. PROPOSAL DUE DATE IS HEREBY EXTENDED TO JUNE 28, 2023, at 4:30pm Norfolk, VA time.

II. USCG Small Business Goals, updated below, is to be used in Small Business Subcontracting Plan

a. DELETE: 70Z04721RNMACC03 Amendment 10, Paragraph 2, Section H

Category FY 23 Proposed Goals SB Prime 44% 8(a) Prime 10% Non-8(a) SDB Prime 14% Overall SDB Prime 24% HUBZone Prime 3% SDVOSB Prime 3% VOSB Prime N/A WOSB Prime 5%

REPLACE WITH:

Category FY 23 Proposed Goals SB Prime 44% Overall SDB Prime 24% HUBZone Prime 3% SDVOSB Prime 3% VOSB Prime N/A WOSB Prime 5%

III. Factor 5 Technical Solution, Sub-Factor 5.1 Conceptual Building Design

DELETE: page Limit: Discussion shall be no more than 5 pages

REPLACE WITH: Page Limit: Discussion shall be no more than 10 pages

IV. Factor 5 Technical Solution, Sub-Factor 5.3 Environmental Compliance

a. DELETE: Page Limit: Discuss shall be no more than 5 pages

REPLACE WITH: Page Limit: Discussion shall be no more than 7 pages, to include the description and location of 3 comparable project (as described below)

b. DELETE: Describe experience with environmental permitting, environmental consultations, and environmental compliance for in-water projects located in tidal waters. Include in the description the various environmental agencies you anticipate working with (state and federal) and previous experience the D-B contractor has working with these agencies.

REPLACE WITH: Describe experience with environmental permitting, environmental consultations, and environmental compliance for in-water projects located in tidal waters freshwater locations, wetlands, and Great Lakes

Compliance. Include in the description the various environmental agencies you anticipate working with (state and federal) and previous experience the D-B contractor has working with these agencies.

V. TOA, II Clauses Paragraph:

ADD: Section I, FAR 52.223-99 Ensuring Adequate COVID Safety Protocols for Federal Contracts (OCT 2021) does not apply to this task order.

VI. DELETE: Wage Determination NY20220001 Heavy and NY20220050 Building

REPLACE WITH: Wage Determination NY20230001 Heavy and NY20230050 Building

BID OPTION 1 – RIP RAP RESTORATION

DELETE: Delete BID OPTION 1 – RIP RAP Restoration from the scope of this project, to include the following:

a. Price Proposal Form: ‘BID OPTION 1- RIP RAP RESTORATION DELETE: All references to Bid Option 1, to include ‘Provide all services and materials necessary to design and construct in accordance with RFP Guide Specifications to restore and improve the rip-rap slope along the Buffalo Harbor (approximately 450-LF)’.

b. Drawing C-104 DELETE ‘Revetment Restoration’ call out on Drawing C-104.

c. Drawing C-301 DELETE: Sheet C-301

d. RFP Specification 01800-1.4.14 DELETE: Delete Specification 01800-1.4.14

e. RFP Specification 01800-1.9.1.6 DELETE: Delete Specification 01800-1.9.1.6

f. RFP Specification 01900-1.2 DELETE: Delete drawing 9, Sheet 301, Civil, Revetment Plan

Price Proposal Form- BASE BID, (a) Demolition, (e) DELETE: Reference the Communication Tower demolition, delete ’80-ft’

REPLACE WITH: “30-ft”

SPECIFICATIONS

RFP SPECIFICATION 01800-1.1.1 (Base Bid) (a) e.

DELETE: Reference the Communication Tower demolition, delete ’80-ft’

REPLACE WITH: “30-ft”

RFP SPECIFICATION 01800-1.1.2

DELETE: ‘and prepare a campus grading plan based on the reference drawings.’

REPLACE WITH: “‘and prepare a site specific project grading plan.’

RFP SPECIFICATION 01800-1.4.2.1

DELETE: Delete last sentence, ‘Large specimen trees should be considered for retention where practical.’

RFP SPECIFICATION 01800-1.4.2.2

REPLACE: Replace first sentence, ‘Provide appropriate buffer areas and landscaping features to separate and visually isolate parking areas, undesirable site elements and the eastern property line due to a proposed county boat launching facility.’

REPLACE WITH: ‘Provide appropriate buffer areas and landscaping features to separate and visually isolate parking areas, and undesirable site elements.

RFP SPECIFICATION 01800-1.7.4.1.7- Static Dissipative Tile Ref: RFI # 317) DELETE: Reference to “space 209”

REPLACE WITH: “spaces 134 and 236”

RFP SPECIFICATION 01800-1.7.7.2.2 – Sound Control doors and Frames (Ref: RFI # 283) DELETE: In the first sentence ‘…and to the Air Compressor Room (RFP space106) …’

SENTENCE WILL READ: ‘Door and frame assemblies at the entry door to each Watch Stander Berthing room shall have a STC rating no less than 50.”

RFP SPECIFICATION 01800-1.7.7.7.1 - Exterior louvers (Ref: RFI # 275)

DELETE: ‘…stringent criteria established by the Florida Building Code providing…’

REPLACE WITH: ‘…manufacturer’s extreme-weather resistant or storm-resistant louvers to be selected per DOR calculated analysis providing….’

RFP SPECIFICATION 01800-1.7.13.1. – Passenger Elevator (Ref: RFI # 284)

DELETE: In the revised elevator specification forwarded with amendment 002, delete the inside cab dimension width “6’-8” (80”)”.

REPLACE WITH: An inside cab dimension width of 5’-8” (68”)

RFP SPECIFICATION 01800-1.8.4.6 – Mooring Cleats DELETE: ‘All waterfront cleats shall be either Ductile Cast Iron (ASTM A536 - Grades 65-45-12 to 8-55-6), Cast Steel (ASTM A27), or Spheroidal Graphite (SG) iron (ASTM A536). All mooring cleats shall receive an applied corrosion resistant paint system meeting to grade C5-M (IS0 12944-6) standards. Finishes shall be applied in accordance with manufacturer’s instructions.

The Contractor must submit the product data prior to construction. Fasteners, anchoring, and related hardware shall be compatible.’

REPLACE WITH: ‘Waterfront cleats shall be either Ductile Cast Iron (ASTM A536 - Grades 65- 45-12 to 8-55-6), Cast Steel (ASTM A27), Spheroidal Graphite (SG) iron (ASTM A536) or hot-dipped galvanized (HDG). All non-HDG mooring cleats shall receive an applied corrosion resistant paint system meeting to grade C5-M (IS0 12944-6) standards. Finishes shall be applied in accordance with manufacturer’s instructions. The Contractor must submit the product data prior to construction. Fasteners, anchoring, and related hardware shall be compatible.’

RFP SPECIFICATION 01800-1.8.4.8

DELETE: Delete paragraph 1.8.4.8; ‘Structural steel shall conform to guidelines of UFC 3‐301‐ 01, Appendix B, § B‐5.4, ‘Steel Structures in Corrosive Environments’.

RFP Specification 01800-1.13 – ELECTRICAL DELETE: “1.13.14.1 Interior Lighting General Requirements: Interior illumination shall be provided by fluorescent, LED and/or HID type lamps; incandescent lamps shall not be utilized unless they are only type of lamp available for a specific lighting application.”

REPLACE WITH: “1.13.14.1 Interior Lighting General Requirements: Interior illumination shall be provided by LED type lamps only; incandescent lamps shall not be utilized unless they are only type of lamp available for a specific lighting application.

RFP SPECIFICATION 01800-1.13 – ELECTRICAL

DELETE: “1.13.15.2 Generator size shall not exceed 200KW and will serve the Command and Control Center, CO office space(s), XO officer office space(s), and telecommunication rooms.

Lighting in the building required to maintain minimum of 1 foot-candle along the egress paths and in bathrooms and stairwells in the building will be connected to emergency backup power.”

REPLACE WITH: “1.13.15.2 Generator size shall not exceed 200KW and will serve the Command and Control Center, CO office space(s), XO officer office space(s), telecommunication rooms, and fire pump. Lighting in the building required to maintain minimum of 1 foot-candle along the egress paths and in bathrooms and stairwells in the building will be connected to emergency backup power.”

RFP SPECIFICATION 01800-1.14 - SECURITY AND CLOSED CIRCUIT TELEVISION (CCTV)

SYSTEMS

Heading says “SECTION 01800 DESIGN-BUILD CRITERIA PARAGRAPHS - 1.16

TELECOMM

Delete: “1.16 Telecomm”

RFP SPECIFICATION 01800-1.14 - SECURITY AND CLOSED CIRCUIT TELEVISION (CCTV)

SYSTEMS

DELETE: 1.14.2.1 “Cameras shall be color CCD type, with minimum 480 lines of resolution…”

REPLACE WITH: “1.14.2.1 Cameras shall be color CCD type, with minimum 1080p lines of resolution…

RFP SPECIFICATION 01800-1.17.3.1

DELETE: Delete the entire second paragraph that reads, ‘There is the possibility that the future occupants of the building will not be present at the time of the package preparation. In that situation, the package shall be presented to the cognizant SFO Guam personnel that will host the new tenant FRC facility.’

RFP SPECIFICATION 01800-1.18. 3 - ENVIRONMENTAL

DELETE: 1.18.3 ENVIRONMENTAL PLAN AND REQUIRED QUALIFICATIONS FOR

PROJECT OVERSIGHT

For the design and construction phases of this project, provide an environmental engineer with a professional engineering license or a Certified Environmental Professional (in either Environmental Assessment or Environmental Planning areas of certification) to manage all environmental aspects of this project. Certified Environmental Professionals are those accredited through the Academy of Board Certified Environmental Professionals. This licensed engineer or Certified Environmental Professional shall have environmental planning experience in permitting, a thorough understanding of all environmental regulatory requirements, and experience leading environmental compliance on construction projects of similar size and scope to this project in the state of New York, which is where this project takes place. The environmental engineer or Certified Environmental Professional shall:

1. Prepare and sign the project-specific Environmental Protection Plan as specified in Section 1.18.4.1.

2. Prepare and endorse all required environmental permit applications required for this project as specified in Sections 1.18.4.2 and 1.18.4.3. The Government will then sign all permit applications as the owner.

3. Review all environmental sampling, all non-hazardous and hazardous waste shipping documents (prior to shipment) for completeness, and environmental permits (in order to advise construction personnel of permit conditions).

4. Conduct three site visits during the construction phase of this project and submit a report to the Contracting Officer’s Representative (COR) documenting environmental compliance and also any environmental concerns or noncompliance. Site visits shall be scheduled to coincide with the stages of construction when environmental concerns are considered to be most critical. The site visits shall include a review of on-site environmental records, construction stormwater compliance, permit compliance, a review of all project environmental features and permanent/temporary “best management practices,” hazardous waste management, and all other environmental issues considered to be most critical to this project. Provide the COR with trip reports summarizing and documenting each trip, compliance with permits, stormwater management, hazardous waste, and all other project-specific environmental issues and concerns.

5. Provide a seven (7) day notice to the COR prior to the inspections.

REPLACE WITH: 1.18.3 ENVIRONMENTAL PLANNING, DESIGN AND PROJECT

EXECUTION - REQUIRED QUALIFICATIONS FOR PROJECT ENVIRONMENTAL

MANAGEMENT AND OVERSIGHT

For the planning, design, and construction phases of this project, provide a qualified environmental engineer with a professional engineering license or a Certified Environmental Professional (in either Environmental Assessment or Environmental Planning areas of certification) to lead and manage all environmental aspects of this project. Certified Environmental Professionals are those accredited through the Academy of Board Certified Environmental Professionals. This licensed engineer or Certified Environmental Professional shall have environmental planning experience in permitting, a thorough understanding of all environmental regulatory requirements, and experience leading environmental compliance on construction projects of similar size and scope to this project in the state of New York, which is where this project takes place. Submit a resume that demonstrates this professional’s credentials and experience to meet these requirements. The environmental engineer or Certified Environmental Professional duties shall include:

1. Prepare and professionally sign/certify (i.e. – professional stamp, etc.) the project-specific Environmental Protection Plan (EPP) as specified in Section 1.18.4.1. Because the EPP provides an overall plan for all project environmental issues and concerns, it shall be developed and submitted prior to submitting permit applications for review and also prior to beginning any construction activities.

2. Prepare and professionally endorse (sign/certify) all required environmental permit applications required for this project as specified in Sections 1.18.4.2 and 1.18.4.3. The Government will then sign all permit applications as the owner.

3. Review all environmental sampling, all non-hazardous and hazardous waste shipping documents (prior to shipment) for completeness, and environmental permits (in order to advise construction personnel of permit conditions).

4. Conduct three site visits during the construction phase of this project and submit a report to the Contracting Officer’s Representative (COR) documenting environmental compliance and also any environmental concerns or noncompliance. Site visits shall be scheduled to coincide with the stages of construction when environmental concerns are considered to be most critical. The first inspection shall be scheduled to coincide within two weeks of initial major start-up construction activities.

Attachment (B) includes the inspection form that shall be used for each of the three inspections. Complete this form in its entirety, and attach photos as required to include a description of each photo in order to document both environmental compliance and environmental noncompliance.

The site visits shall include a review of on-site environmental records, construction stormwater compliance, permit compliance, a review of all project environmental features and permanent/temporary “best management practices,” hazardous waste management, and all other environmental issues. Provide the COR with the completed inspection form and all supporting documents summarizing and documenting each trip, compliance with permits, stormwater management, hazardous waste, overall environmental compliance, and all other project-specific environmental issues and concerns. Document any non-compliance environmental concerns/findings. Include photos as part of the inspection that further document site conditions, environmental positives, and potential compliance concerns. The inspector shall sign, date, and certify the inspection report, also certifying that either there are no environmental compliance issues or documenting environmental compliance issues that must be addressed.

5. Provide a seven (7) day notice to the COR prior to the inspections.

END OF AMENDMENT LANGUAGE

RFP Specification 01800-1.13 – ELECTRICAL

RFP Specification 01800-1.14 - SECURITY AND CLOSED CIRCUIT TELEVISION (CCTV) SYSTEMS

Heading says “SECTION 01800 DESIGN-BUILD CRITERIA PARAGRAPHS - 1.16 TELECOMM

RFP Specification 01800-1.14 - SECURITY AND CLOSED CIRCUIT TELEVISION (CCTV) SYSTEMS

RFP Specification 01800-1.17.3.1

DELETE: 1.18.3 ENVIRONMENTAL PLAN AND REQUIRED QUALIFICATIONS FOR PROJECT OVERSIGHT

REPLACE WITH: 1.18.3 ENVIRONMENTAL PLANNING, DESIGN AND PROJECT EXECUTION - REQUIRED QUALIFICATIONS FOR PROJECT ENVIRONMENTAL MANAGEMENT AND OVERSIGHT

FDCC ENVIRONMENTAL COMPLIANCE INSPECTION

Instructions: Complete all environmental inspection sections below. Use additional pages as required where additional narrative is required to document environmental conditions and compliance. Attach photos with descriptive narrative in order to further document environmental compliance. Photos are required to document non-compliant conditions and also to document compliance for FDCC construction project records.

The primary inspector shall meet all professional requirements as defined by USCG RFP Section 01800 – 1.18.4

GENERAL PROJECT INFORMATION & INSPECTION INFORMATION

Project Title: __________________________________________________

Location: _____________________________________________________

Inspection Date: _______________________________________________

Lead Inspector: _______________________________________________

Lead Inspector Signature: _______________________________________

Signature Date: _______________________________________________ professional certification or professional stamp

Additional Inspector(s): _________________________________________

List any On-Site Construction Personnel Interviewed/Questioned during this inspection:

Attach photos to this report to document current state of overall construction, focusing on areas where ground disturbances are active. Photos should define/describe the current construction site. Provide narrative with each photo to adequately describe each photo.

PERMIT COMPLIANCE

Stormwater Permit (General Construction and Permanent Stormwater Controls/BMPs)

Permit Number ______________________________________________________

Is a copy of the permit kept on-site? _______ (Y or N)

Are all temporary stormwater BMPs properly maintained? _______ (Y or N)

Are soil piles stabilized and prevented from erosion? _______ (Y or N)

Are ground disturbances stabilized in accordance with permit requirements? _______ (Y or N)

Are any contaminated soils or debris stockpiled or stored on-site? _______ (Y or N) Are they covered? _______ (Y or N)

Are silt fences placed in designed locations? _______ (Y or N) Are silt fences functioning properly? _______ (Y or N)

Describe silt fence problems (if any) and recommended corrections:

Are chemical products or materials stored outdoors? _____ (Y or N) Are they covered or contained? _____ (Y or N)

Are there other pollutant-generating activities that could affect water quality? _____ (Y or N) Describe activities: ______________________________________ Are they in compliance with permit? _____ (Y or N)

Are there any non-stormwater discharges to sewers, drainage systems or surface waters? _____ (Y or N) Describe discharge(s) __________________________________ Are they in compliance with permit? _____ (Y or N)

Inspect all outfalls (immediately downgradient from project boundaries). Describe any impacts caused by construction.

Are there any construction sediments reaching the outfall(s)? _______ (Y or N)

Are routine stormwater inspections completed in accordance with permit requirements? _______ (Y or N)

All are stormwater inspection records kept on-site? _____ (Y or N) Do records meet permit requirements? _____ (Y or N)

Are key on-site project personnel aware of permit, permit requirements, and actively managing/involved in permit compliance? _______ (Y or N)

Are all permit conditions being met? _______ (Y or N)

What improvements are recommended?

Permanent Stormwater BMPs

Does the project include permanent stormwater control features? _______ (Y or N)

Has construction work started on permanent stormwater control features? _______ (Y or N)

If so, list each feature below and determine if it is being installed in accordance with the design:

1. _____________________________________ Meets Design Requirements _______ (Y or N)

2. _____________________________________ Meets Design Requirements _______ (Y or N)

3. _____________________________________ Meets Design Requirements _______ (Y or N)

Use the space below to discuss stormwater compliance in general and any concerns/Issues Related to stormwater compliance:

Attach photos to this report to document current conditions of stormwater controls (temporary and permanent).

Provide narrative with each photo to adequately describe each photo.

In-water Work Permits (State and Federal)

Federal Permit Number ___________________ Permitting Agency __________________________

State Permit Number ___________________ Permitting Agency __________________________

Has in-water work begun? _______ (Y or N)

Are copies of permits on-site? _______ (Y or N)

Are all permit conditions being met? _______ (Y or N)

Do key on-site construction personnel have an understanding of all permit conditions? _______ (Y or N)

Are permit BMPs being following? _______ (Y or N)

Is in-water equipment well maintained, with no signs/indications of leaks of fuel, oils, etc.)? _______ (Y or N)

Are in-water natural resources observed and are related permit conditions protecting these resources? _______ (Y or N)

Use the space below to discuss in-water work compliance in general and any concerns/Issues Related to in-water work compliance:

Attach photos to this report to document current conditions of in-water work. Provide narrative with each photo to adequately describe each photo.

Other Permits

Permit Number ___________________________________ Permitting Agency __________________________

Permit Number ___________________________________ Permitting Agency __________________________

Permit Number ___________________________________ Permitting Agency __________________________

For each of these permits, attach pages to discuss overall compliance, related photos, and current compliance or non-compliance.

PROTECTION OF NATURAL RESOURCES

Are there state- or federally-protected species potentially impacted by this project? _______ (Y or N)

Is there critical habitat potentially impacted by this project? _______ (Y or N)

If Answer “yes” include narrative on whether the project is having an impact and discuss steps taken by construction crew to avoid this impact below:

Attach photos to this report to document current conditions related to natural resources impacted by construction activities. Provide narrative with each photo to adequately describe each photo.

PROTECTION OF CULTURAL RESOURCES

Are there cultural resources associated with this project that require protection? _______ (Y or N)

Is there a MOA that governs this project? _______ (Y or N) (Note - If so, the inspector shall read and understand all requirements prior to beginning inspection)

Are all requirements of the MOA being followed? ________ (Y or N)

If there are cultural resources or an MOA, use the following space to discuss what cultural resources there are, if they are being protected, any concerns about the MOA, and any noncompliance:

Attach photos to this report to document current conditions related to cultural resources impacted by construction activities. Provide narrative with each photo to adequately describe each photo.

POTABLE WATER HOOK-UPS

Does the project involve any new potable water lines or tie-ins to existing potable water systems? _______ (Y or N)

Are proper disinfection processes in use? _______ (Y or N)

Are any potable water samples and analysis required as a result of work on water lines? _______ (Y or N)

Use the space below to describe any potable water line concerns or recommendations:

Attach photos to this report to document current conditions related to potable water construction activities. Provide narrative with each photo to adequately describe each photo.

SOLID WASTE MANAGEMENT

Describe how various solid waste management streams are being managed to include construction debris, general refuse, recyclables, hazardous waste, contaminated soils, and other special waste:

Are trash containers and roll-off boxes covered and protected from stormwater? _______ (Y or N)

Are there any excess soils or demolition debris requiring offsite disposal? _______ (Y or N)

Are these excess soils/debris properly stored/stockpiled? _______ (Y or N)

Have soil and debris been properly characterized or tested to determine disposal options? _______ (Y or N)

Is there a plan in place to ship excess soils/dirt to a Subtitle D Landfill? _______ (Y or N)

Are appropriate records kept for solid waste shipments? _______ (Y or N)

Hazardous and Special Waste

Are any special (e.g., asbestos) or hazardous wastes (including universal waste) generated on-site? _______ (Y or N) List waste streams: ____________________________________ Are they properly stored? _______ (Y or N)

Properly labeled? _______ (Y or N) Are plans underway to execute proper disposal? _______ (Y or N)

Are there proper records/paperwork? _______ (Y or N) When is shipping anticipated? ________________

Are there any compliance concerns/issues related to hazardous or special waste? _______ (Y or N)

Is so, describe below:

Attach photos to this report to document current conditions related to solid waste management. Provide narrative with each photo to adequately describe each photo.

ON-SITE PETROLEUM STORAGE AND FUELING

Do on-site fuel storage tanks/containers have secondary containment? _______ (Y or N)

Are there spill kits placed in strategic locations? _______ (Y or N)

Attach photos to this report to document current conditions related to fuel storage and spill prevention. Provide narrative with each photo to adequately describe each photo.

Use the space below to describe any petroleum storage and fueling concerns or recommendations:

SPILLS AND SPILL RESPONSE

Is there a spill response plan in place? ________ (Y or N) Are key personnel aware/prepared to respond _____ (Y or N)

Did inspector encounter any evidence of spills or releases? _______ (Y or N)

Have there been any spills during the project? _______ (Y or N)

Are there records kept for spills/releases? _______ (Y or N)

Inspect all equipment/trucks for indications of leaks, poor maintenance. Are there concerns for release? ______ (Y or N)

Use the space below to describe any spill and spill response concerns or recommendations:

Attach photos to this report to document current conditions that document potential spills, staining, etc. Provide narrative with each photo to adequately describe each photo.

HAZARDOUS MATERIALS MANAGEMENT

Are hazardous materials stored on-site? _______ (Y or N)

If so, is it properly stored? _______ (Y or N) With Secondary Containment _______ (Y or N)

Are hazardous materials properly labelled? _______ (Y or N)

Are there safety data sheets for each hazardous materials? _______ (Y or N)

Is there a HAZCOM program in place that meets regulatory compliance? _______ (Y or N)

Are workers properly trained in using the HAZMAT required on this project? _______ (Y or N)

Use the space below to describe any hazardous materials management concerns or recommendations:

Attach photos to this report to document current conditions related to HAZMAT Storage. Provide narrative with each photo to adequately describe each photo.

OTHER ENVIRONMENTAL MANAGEMENT ISSUES

[Topics could include air quality, dredging/spoils, wetlands/waters, USTs, contaminant monitoring/cleanup, historic preservation or other project-specific issues]

Describe any other key environmental compliance or management issues associated with the project. Identify applicable regulations or permit conditions, observations, evidence of compliance/non-compliance, or corrective actions needed. Attach photos as needed.

ATTACH ADDITIONAL SHEETS, PHOTOS, ETC. AS REQUIRED TO COMPLETE DOCUMENTATION OF INSPECTION

Commanding Officer Facilities Design & Construction Center

5505 Robin Hood Rd., Suite K Norfolk, VA 23513-2431 Staff Symbol:

Phone: (757) 852-3400 Fax (757) 852-3495

15 May 2023

MEMORANDUM

From: Pamela J. Argilan Reply to P. Argilan CG Senior Contracting Officer Attn of: (757) 354-9654 Strategic Sourcing

To: Mark W. Snell Acting COCO-CON

Subject: 70Z04723R43000005 AECOM-ECC Potential Conflict of Interest with Recapitalize STA-ANT Buffalo, Sector Buffalo

Ref: (a) Email, dated March 30, 2023

(b) HSCG83-13-J-PAC018 Task Order

(c) Specifications, Drawings, and Cost Estimate for Waterfront Improvement, Sector Buffalo

This memorandum addresses a potential Organizational Conflict of Interest (OCI) initiated after the NMACC III Phase II Seed Project, Recapitalize STA-ANT at STA Buffalo, Request for Proposal (RFP) was issued. AECOM-ECC JV were found highly qualified during Phase I and were moved forward into Phase II of the reprocurement. Aisha Ross, AECOM Sr. Area Contracts Manager, notified the Contracting Officer (KO) of a potential conflict of interest for AECOM on the Seed Project. Ms. Ross explained December 2012 AECOM was awarded an A/E task order to prepare designs and 100% construction plans/specifications and cost estimates for repairs and replacement of 600 LF of various bulkhead types including cantilever steel sheet piling leaning outboard, anchored steel sheet pile bulkhead with kicked out toes, and concrete and timber bulkhead leaking fill, along with a geotechnical investigation report. All required documents were delivered to USCG CEU Cleveland on June 14, 2013.

In response I perform due diligence by reviewing the underlying facts to include the 2012 task order scope of work, the specifications, drawings, cost estimate, and geotechnical investigation report developed by AECOM, reviewed the AECOM-ECC Joint Venture Agreement and I requested any information for the construction contract from CEU Cleveland; however, since the contract documents are over 6 years old they have been archived and destroyed. I also performed interviews with Kevin Suriano, FDCC Design Project Manager for the project. I further discussed with Mr. Suriano how the information was used in development of the Seed Project.

Mr. Suriano stated the Seed Project scope of work does not address the 600LF of bulkhead built from the AECOM’s specification and design. The Seed Project, ATON Storage, scope is near some of the geotechnical test sites in the AECOM Geotechnical Report. However, the AECOM 2013 Geotechnical Investigative Report was included as an Attachment to the Seed Project RFP Solicitation.

There are three (3) types OCI – Biased Ground Rules; Impaired Objectivity; and Unequal Access. The evidence of the potential for a “Biased Ground Rules” type of OCI is found within the A/E task order, AECOM performed all planning and design work. No evidence of “Impaired Objectivity” type OCI was found as the A/E task order did not require AECOM to perform CCSS/FSS services after award of the construction contract or to perform inspections of the construction contractor’s work. Evidence of a potential “Unequal Access” type OCI was AECOM’s access to non-public documents in their performing the A/E task order requirements.

In part 9, the FAR recognizes that there can be conflicts which it does not expressly cover and that each situation must be evaluated based on the unique conditions and based on common sense, good judgement, and sound discretion.

In parts 9 and 36, the FAR protects the competitive process by strictly excluding a contractor that assisted in development and planning of a future requirement. As explained in FAR 9.505-2 (a)(1), “If a contractor prepares and furnishes complete specification package for undevelopmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or a subcontractor, for reasonable period of time including, at least, the duration of the initial production contract.”

In reviewing all the available facts of this situation, I have determined that allowing AECOM as part of the AECOM-ECC JV to participate in the Recapitalize STA-ANT Buffalo project is not an Organizational Conflict of Interest. This recommendation is based upon my findings that: (i) it has been 10 years since AECOM’s A/E task order to produce the specification RFP package for the 600LF of bulkhead repairs and the Geotechnical Investigative Report, (ii) the construction contract related to AECOM’s previous A/E work has been completed for almost a decade, and

(iii) there has been a decade of continued repairs to the facility. This has provided a reasonable time period for AECOM not to have a competitive advantage. In addition, FDCC has provided the report to all Offerors as part of the Seed Project package, any suggestion of a competitive advantage has been negated.

Copy: Contract File 70Z04723R43000005, Recapitalize STA-ANT Station Buffalo, Sector Buffalo

2023-05-15T14:32:58-0400

ARGILAN.PAMELA.J.1032721504

2023-05-15T12:53:44-0700

SNELL.MARK.W.1245182810

Amendment 004 Q&A attachment

RFI No.

Date

Submitted Pg Section Paragraph QUESTION GOVERNMENT RESPONSE

POSTED ON

AMEND NO.

1 4/3/2023

221 01900 1.3.1

Please provide the .dwg files referenced for Attachment D to include 49 BUSL Drawing.dwg, 26-TANB Drawing.dwg, 29 RB-S Drawing.dwg and 45 RB-M Drawing.dwg. These files were not included on SAM.Gov. See Amendment Language 001

2 4/3/2023

For Attachment E, the files provided in SAM.GOV do not appear to match the listing in this section. We have received BULKHEAD+REHAB+A09-L01015.pdf and RECAP+FACILITIES+A09-L01015.pdf. These two files appear to be fore Phase 1 and Phase 1a. We did not receive the following files from SAM.GOV: Underground Utility Plan (Multi Files), Recap Facilities Phases 1 & 2 (CADD and PDF files), COMMs Tower Foundation Plan (PDF), Fixed Pier Structural Details (PDF). We believe that these files were included in the DODSafe condensed file but not SAM.GOV. We can't confirm ALL, however, based on the file names.

See Amendment Language 001

3 4/3/2023

SAM.GOV provided a file named Photos.pdf in which 23 photos were included. We do not have the files listed in this section to include: Site Photo Legend.ppt, Series Location Description Table.xls, and Series 1- 31.pdf (photos). Please provide files or revise this section.

See Amendment Language 001

4 4/3/2023 Please provide electronic files (.dwg, .rvt) for the RFP drawings. See Amendment Language 001

5 4/11/2023 42 HSAR Clauses

HSAR 3052.222-90 Local Hire (USCG). Please confirm that this HSAR is applicable to the seed project.

As the Buffalo, NY unemployment rate is higher than the National Unemployment rate, the clause is applicable to this project 002

6 4/11/2023

94 1.7

1.7.1.1.2 & 1.7.1.1.2.1

Is paragraph 1.7.1.1.2.1 only applicable if concrete panels are selected? The RFP requirement for the inner stud wall is applicable to PIP concrete walls, site-cast tilt-up concrete wall panels, precast concrete wall panels and unit masonry walls which, when constructed, are considered to be concrete walls. 002

7 4/11/2023

94 1.7

1.7.1.1.2 & 1.7.1.1.2.1

A-101 appears to indicate where cold formed / gypsum walls are required on the first floor if concrete masonry units are utilized.

Paragraph 1.7.1.1.2.1 suggests that a "stud perimeter wall construction is shown around the perimeter of the multi-story structure on all floor levels". Is the intent of the RFP to require metal stud/ gypsum walls on the perimeter walls of all floors if concrete panels are selected for the envelope?

If an acceptable alternate choice, CIP, precast, or tilt-up concrete construction, is selected for the exterior walls, the entire exterior building envelope including finishes, waterproofing, insulation and installation of utilities must be designed for the material selected. The inner stud wall is an RFP requirement as shown on conceptual floor plans. In those spaces where the inner wall is not shown at the exterior on the drawing, an inner wall or other design solution may be selected to meet the insulation and utility requirements and be in compliant with Electrical Specification section 1.13.2..1.5 which addresses wiring runs.

8 4/12/2023 Geotechnical Please confirm that geotechnical services must be performed by a 3rd party consultant.

RFP Specifications 01800-1.5 do not require the Contractor perform their own Geotechnical borings. 002

9 4/12/2023 Small Business Goals

Per amendment 10 a small business subcontracting plan is required. Is the plan to be based on the total value of the NMACC or the value of the seed project?

Total Value of NMACC should be used for the Small Business Subcontracting Plan

10 4/12/2023 Subfactor 5.3 Environmental Compliance

Sub-factor 5.3 reads "Discussion shall be no more than 5 pages. The drawings do not count towards the page limitation" Should this read that the description for the 3 comparable projects do not count towards the page limitation as there are no drawings requested under this subfactor? See Amendment Language 002

PRE-PROPOSAL INQUIRY/REQUEST FOR INFORMATION

REFERENCE

11 4/12/2023 Factor 4 Safety

Factor 4 safety has a note that states "DART and Total Recordable Incident Rate (TCR) shall not be submitted for subcontractors." TCR is not required under submission requirements for this factor under item 1.

Please confirm that we are only to provide DART rates for the previous 5 calendar years per item 1. of Factor 4. See Amendment Language 002

12 4/13/2023

01110-1.19

Section 1.19 requires submission of social security numbers of all on-site personnel to the COR at least 2 weeks in advance. Please confirm that on-site personnel will not be subject to a criminal background investigation. On-site personnel will not be subject to criminal background checks. 004

13 4/13/2023

01110

Does the US Coast Guard have any prescriptive project management software applications/requirements that the Contractor will be required to utilize for project correspondence, submittals, RFI's, etc.? If so, please specify.

The Government does not have any prescriptive project management software applications/requirements the contractor must use. 002

14 4/13/2023

01300-1.1.2.4 Please confirm that offerors should not deviate (plus or minus) from the prescriptive room layout and sizes presented in the RFP drawings and Individual Space Criteria Sheets in Appendix F.

The spaces shown on the RFP conceptual plans incorporate CG space allocation requirements and have already been increased or slightly decreased to meet the adjacency, functional requirements, and configurations of the space and the furnishings and equipment layouts shown on the conceptual plans and as described on the supporting Individual Space Criteria Sheets for each space. Proposed room configurations, layouts, sizes and even locations of spaces can vary from those shown on the conceptual drawings but the functionality and inclusion of the specified furnishings and equipment shall be maintained. 002

15 4/13/2023

01500-1.3

(A) Please confirm that Contractor is required to provice a 160-SF temporary trailer for the exclusive use of the Coast Guard COR/CI per 01500-1.3. (B) Is there a preferred location, or can this trailer be located on Coast Guard property outside the project's limits of disturbance?

(A) Yes, a trailer is required as specified for CG use. (B) No, there is no preferred location.

16 4/13/2023

01500-1.3.2.2

01500-1.3.2.2 says that Contractor may connect to Coast Guard distribution for temporary construction power without charge. Please confirm that the Contractor is not responsible for paying the associated electrical consumption charges.

The Contractor will not be responsible for electrical consumption charges as long as service complies with 1.3.2.2.

17 4/13/2023

01800

Section 01800-1.7.4.1 says that floor finish locations are indicated in the RFP concept plans. Please either confirm that floor finishes must comply with the Appendix F ISCS or provide finish designations on the plans as referenced in 1.7.4.1.

See amendment. Floor finishes are specified in Appendix F ISCS.

18 4/13/2023

Appendix J Should furnishings required under the Outfitting scope of work (as detailed in Appendix J) be priced on GSA schedule or open market?

The Government cannot authorize contractors to purchase off of GSA schedules. Some vendors, as a courtesy, will extend GSA schedule pricing for specific Govt. projects but there is absolutely no guarantee that they will do so. Offerors should base their price on open market.

19 4/13/2023

01802-2.1.1

Sectoin 2.1.1 lists 35%, 65%, final, & corrected design submittals and says that these submittals are required for fast track packages as well.

Please confirm that Fast Track packages can proceed straight to final design submission without separate 35% and 65% submittals.

In the Fast Track process, 35%, 65%., and FINALs are still required with the Fast Track process.

20 4/13/2023

Price Proposal Form Is the $50,000 allowance contained in the Price Proposal Form intended to cover the Guiding Pricinciples documentation, GBI 3rd-party review and certification costs per 01800-1.3.1.1.2, or both?

Per RFP section 01200-3.2.4, the $50,000 figure shall be included in the contractor's schedule of prices for Guiding Principles documentation and will be paid after successful submission of documents to the Green Building Initiative. 003

21 4/13/2023 01110

Please either (A) confirm that there are no project-specific requirements for cybersecurity / hardening; or (B) specify all cybersecurity requirements.

Project Cybersecurity requirements fall within the Telecommunications Specification, Section 01800-1.16 004

22 4/13/2023

Amendment 10

The small business goals referenced in Amendment 10 appear to be signficantly higher than historical averages for this type of project. Will the Small Business Subcontracting plan submitted for the seed project apply only to the seed project, or will it apply to all future task orders within the NMACC as well?

The Small Business Subcontracting Plan will apply to the NMACC III capacity of $4B 002

23 4/13/2023 01800-1.10.2.1

Section 1.10.2.1 instructs Offerors to include a fire pump. Can offerors assume that the electrical service resiliency will permit an electric pump, or should offerors include a diesel fire pump?

No, offerors should not assume that per NFPA 20

24 4/13/2023

01800-1.10.2.1

Section 1.10.2.1 instructs Offerors to include a fire pump, but the RFP plans do not provide a location with sufficient space. Please either (A) identify an area within the building suitable for housing the fire pump and appurtenances; or (B) advise if the fire pump should be housed in a premanufactured housing outside of the building footprint.

The Individual Space Criterial Sheet for the conceptual Mechanical space states that that space is the primary location for 1st floor mechanical equipment including any air compressor and fire suppression equipment . It also states that the space can be subdivided for equipment types as required. Mechanical spaces shown on conceptual plans are not based on specific equipment systems and/or equipment and are entirely subjective. Such space can be enlarged, reduced, separated, subdivided, or reconfigured to meet the requirements of the final design systems equipment and service access requirements. 002

25 4/13/2023

A-101 RFP plans do not show an exterior door at Electrical room 137. Please either (A) confirm this is acceptable; or (B) confirm that Offerors should reconfigure the floor plan/layout to provide an exterior door.

The RFP conceptual floor plan shows the electrical room access from the building interior from the Fitness Center and indirectly from the exterior through the Mechanical space. Inside access is desirable because of the severe winters in Buffalo. Exterior access is not required but is not precluded either. If the offeror/DOR determines that direct exterior access to the electrical equipment room is beneficial or a required design requirement, they are encouraged to provide that capability. 002

26 4/13/2023 C-103

In order to facilitate accurate and consistent pricing, please provide existing one-line/voltage details for the site electrical tie-in/control point, including location, voltage, quantity and size conduits.

This information isn't available.

27 4/13/2023

01800-1.7.1.1.2

If alternative exterior wall systems are utilized as prescribed in 01800- 1.7.1.1.1, 1.7.1.1.2, please confirm that inner studs are not required at locations shown in the briding docs as exposed CMU (since these rooms will have exposed conduit/piping as currently designed in the RFP plans).

If an acceptable alternate choice, CIP, precast, or tilt-up concrete construction, is selected for the exterior walls, the entire exterior building envelope including finishes, waterproofing, insulation and installation of utilities must be designed for the material selected. The inner stud wall is an RFP requirement as shown on conceptual floor plans. In those spaces where the inner wall is not shown at the exterior on the drawing, an inner wall or other design solution may be selected to meet the insulation and utility requirements and be in compliant with Electrical Specification section 1.13.2..1.5 which addresses wiring runs.

28 4/13/2023

A-201

If alternative exterior wall systems are utilized as prescribed in 01800- 1.7.1.1.1, 1.7.1.1.2, & 1.7.1.1.3, please confirm the offeror may replicate façade details such as the horizontal banding within the materiality of the proposed system.

Exterior design elements within the "materiality" of the selected exterior system are encouraged and expected.

29 4/13/2023 Subfactor 5.3

Subfactor 5.3 says that a NEPA Environmental Assessment has been completed. Can a copy of this be provided to offerors?

RFP 'Attachment B - Environmental' reference documents were provided via Amendment 001. 002

30 4/13/2023

RFP plans appear to indicate cast-in-place concrete for elevator shaft walls. Can alternative wall assemblies be utilized for the elevator shafts, as determined by the DOR?

Yes.

31 4/13/2023 01110-1.6.1

01110-1.6.1 says Contractor parking and staging areas are indicated, but we do not see this designated on the drawings. Please define limits available for Contractor parking and staging.

See Prior Amendments. RFP Drawings has been updated.

32 4/13/2023

01110-1.10

01110-1.10 says that the Coast Guard and other contractors will be performing work at the project site during the time of this Contract.

Please define all referenced work activities within the limits of the Contract site that will be concurrent with execution of this Contract.

The Contractor should anticipate the Coast Guard may have other contractors on site during the performance period, however, presently there are no known projects that are within the referenced work limits of this project. 002

33 4/13/2023

01800-1.4.4

Should section 01800-1.4.4 be interpreted as requiring curbing around all sides of all pavements throughout the site area? Or, where deemed appropriate by the DOR, can some pavement edges sheet drain into adjacent landscaping/surface drainage areas?

RFP 01800-1.4.4 may be interpreted as where appropriate as determined by the DOR.

34 4/13/2023 01800-1.6.8.4

Will a water source for landscape establishment be made available to the Contractor at no cost (including consumption charges), as implied in 01800-1.6.8.4? Refer to RFP Specification 01500-1.3.2.3 004

35 4/13/2023 01800-1.7.1.6

Section 01800-1.7.1.6 calls for roof flashing and trim to receive a "2-coat/3-coat fluoropolymer" finish. Is the 3rd coat required?

It is the responsibility of the DOR to determine the appropriate finish system on the flashing system selected for the final design. 002

36 4/13/2023 01800-1.7.1.7

Would custom fabricated copings be acceptable in lieu of the pre-fabricated copings specified in 01800-1.7.1.7?

Custom fabricated copings that meet the performance of the continuous cleat type prefabricated copings specified in the RFP are an acceptable alternative. 002

37 4/13/2023

01800-1.12.1.5

Section 01800-1.12.1.5 specified that the Boat Storage Building shall be ventilated and heated to no less than 55 degrees F, but the Individual Space Criteria Sheets BS101, BS102, BS103, and BS104 specify that they shall be ventilated and heated to no less than 60 degrees F. Please confirm which minimum standard is correct.

Condition the Boat Storage Building in accordance with RFP section 01800-1.12.1.5.

38 4/13/2023

1.7.7.5.1

01800-1.7.7.5.1 says that openings labeled "light panels" on the RFP elevations are fixed windows, but 1.7.7.6.1 says these openings are glass block panels. The ISCS for the BMWB and ANT BMWB call for the light panels to be translucent sandwich panels. Which material is required for the light panels?

The design intent is to allow natural light into the into the BMWB through a light panel that will be insulative, wind resistant, and easy to maintain. Glass block is an acceptable choice because it is strong, insulative, and requires minimal maintenance. The irregular patterned glass surface also produces a dispersed interior light. Translucent panels are an acceptable choice for the same reasons. Fixed windows are an acceptable selection but they do not provide a dispersed light and they are not easy to clean when placed high in a space.

39 4/13/2023 1.7.8.2

Please provide any information required for mirrors at Fitness Center (01800-1.7.8.2 text refers to signage, not mirrors).

See Amendment Language

40 4/13/2023 Appendix D

Page 2 of Appendix D calls for a LEED Checklist to be incoporated into the project to achieve LEED Certification. Please confirm LEED Certification is not required.

Confirm, LEED Certification is not required. For clarification, RFP section 01800-1.3 requires Guiding Principles certification.

41 4/13/2023 1.13.13.2

01800-1.13.13.2 says no more than 25% of parking spaces shall receive EV charging stations. Is there a minimum quantity of EV charging stations required?

The target is 25% of all parking spaces.

42 4/13/2023 1.13.14.2.4

1.13.14.2.4 mentions lighting for a flagpole. Please specify requirements for the flagpole itself.

There is no flagpole requirement for this project.

43 4/13/2023

The ISCS for rooms 109 & 110 call for (8) oscillating fans at the BMWB and ANT BMWB, but A-101 only shows (4). How many oscillating fans (total) are required at these two rooms?

Four (4) of the oscillating fans as specified in the RFP HVAC specification are the minimum requirement.

44 4/13/2023 1.7.1.5.1

01800-1.7.1.5.1 calls for a concrete roof slab at the BMWB portion of the STA/ANT building. Please confirm that the final structural design of the roof will be determined by the DOR.

Confirmed

45 4/13/2023

01800-1.8.5.2

Specification 01800-1.8.5.2 identifies a Wind Exposure Category of C (assumed). Based on current code, the Wind Exposure Category should be D based on Surface Roughness D for water surfaces.