Amendment 001 - VI 30(35) C2 Frenchman Bay Road.pdf

(x)

DTFH7111B00019

x x

0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Sterling VA 20166-6511

EFLHD-CO

21400 Ridgetop Circle Construction Office Eastern Federal Lands Highway Div.

Federal Highway Administration

Sterling VA 20166-6511

EFLHD-AC

21400 Ridgetop Circle Acquisitions Office Eastern Federal Lands Highway Div.

Federal Highway Administration

BLOCK 1008/23/2011001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/25/2011

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment is to:

1) Replace various Solicitation pages to correct typographical errors.

2) Revise the Special Contract Requirements (J Pages) as follows:

a) Section 636 to include wind load requirements.

3) Revise the Plans to modify information related to landscaping quantities.

4) Provide Pre-Bid Meeting Minutes.

5) Provide a summary of responses to questions/clarifications asked by potential bidders.

6) Bid Opening Date remains August 26, 2011 at 10:00 am local time.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Amendment No. 001

Amendment Info

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Project VI 30(35) Contract 2

Frenchman Bay Road Rehabilitation Solicitation: DTFH71-11-B-00019

The purpose of this Amendment is to:

1) Replace various Solicitation pages to correct typographical errors.

2) Revise the Special Contract Requirements (J Pages) as follows:

a) Section 636 to include wind load requirements.

3) Revise the Plans to modify information related to landscaping quantities.

4) Provide Pre-Bid Meeting Minutes.

5) Provide a summary of responses to questions/clarifications asked by potential bidders.

Solicitation Provision changes

1. Delete the Book Cover, Notice to Bidders pages 1 thru 5, Bidders Checklist pages 1 and 2, and SF 1442 Continuation pages 3 and 4, and substitute the amended Book Cover, Notice to Bidders pages 1 thru 5, Bidders Checklist pages 1 and 2, and SF 1442 Continuation pages 3 and 4.

Special Contract Requirement changes

1. Add the following after the first paragraph of Subsection 636.06(b) of the Special Contract

Requirements, page J-42:

Design light poles, mast arms, and foundations for a minimum wind velocity of 150 miles per hour.

Plan Sheet changes

1. Delete Plan Sheets C28 and U5, and substitute amended Plan Sheets C28 and U5.

Contract No.:

U S DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

PROJECT VI 30(35) CONTRACT 2

FRENCHMAN BAY ROAD

REHABILITATION

SOLICITATION

IFB NO: DTFH71-11-B-00019

This Contract Cites

Standard Specifications FP-03 U.S. Customary Units

CONTRACTOR:

ADDRESS:

NOTICE TO BIDDERS

CONTRACT FORMAT:

Bidders should note that the format of this contract is in accordance with Federal Acquisition Regulations (FAR), promulgated by the General Services Administration (GSA), effective April 1, 1984, including all applicable revisions. Applicable FAR provisions and clauses are incorporated in this contract by reference or full text as indicated in the INDEX before the D-page in this booklet. FAR provisions and clauses incorporated by reference can be accessed on the Internet on the GSA website at www.arnet.gov/far/.

Bidders are encouraged to review the documents thoroughly before bidding.

PROPOSAL BOOKLET AND OFFER SUBMITTAL:

It is the responsibility of the bidder to verify that this proposal is complete as listed in the Table of Contents. The bidder is responsible for submitting all required forms and documents with the offer.

Bidders should use the Checklist for Bid Submittal included in this booklet to check that their bids are complete.

CONSTRUCTION CONTRACTS:

As stated in FAR Clause 52.236-1, the Contractor shall perform on the site, and with its own organization, work equivalent to at least 25%. Additional guidance is given in FAR Subpart 35.5 where the majority of the project work is complex and specialized such as restoration work, bridge painting, and proprietary construction techniques (i.e. proprietary Cintec arch strengthening.) There are exceptions and they will be reviewed on a case-by-case basis.

BID GUARANTEE:

A bid guarantee in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision 52.228-1, Bid Guarantee. A bid bond from a corporate surety must be from a surety acceptable to the Government as appearing on the Department of the Treasury’s list of approved sureties. The bid bond must have an original signature and an embossed seal for the surety. If a Power of Attorney is required with the bid bond, the Power of Attorney should have an original signature of the surety or, an embossed seal for the surety company in the certification section.

If the Power of Attorney form contains any language stating that the Power of Attorney can be revoked at any time, the document must contain an original signature or an embossed seal in the certification section.

HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY DATA:

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data, the apparent low bidder must submit prior to award a Material Safety Data Sheet (MSDS's) for all hazardous materials that the bidder identifies in paragraph (b) of this clause in the D-pages of this booklet. Failure to submit MSDS's may render the bidder ineligible for award of contract. The apparent low bidder should submit their MSDS's within two weeks after bid opening.

BONDING:

Small business concerns and disadvantaged business enterprises may obtain assistance in securing necessary bonding for this project by contacting the office of the Small Business Administration located in their State.

FINANCING ASSISTANCE: -Minority, Women-owned, and Disadvantaged Business Enterprises (DBE's). The Department of Transportation (DOT) offers working capital financing assistance for http://www.arnet.gov/far� transportation related contracts. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169 or 202-366-1930. Internet address: http://osdbuweb.dot.gov.

INTERNET BASED DATA BASES - REQUIRED INPUT must be completed at time of bid:

According to the FAR Subpart 4.1102 contractors MUST be registered in Central Contractor Registration (CCR) prior to the award of any contract. Access the following web site to register:

www.ccr.gov According to the FAR Subpart 4.1201 contractors MUST complete their Online Annual Representations and Certifications Application (ORCA) prior to the closing date of the bid online at http://orca.bpn.gov/.

According to the FAR Subpart 22.1302 (b) contractors and sub-contractors MUST complete the required Annual Vets-100 Form in order to be eligible for a contract award. It can be completed online at http://vets100.com.

PAYMENT:

Bidders are advised to review the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP), subsection 109.05, concerning direct and indirect payment included under a pay item in the bid schedule.

PROGRESS PAYMENTS:

ALL payments will be made via Electronic Funds Transfer (EFT) as such; the payment information in the CCR must be accurate in order for contractors' invoices to be considered proper invoices for the purpose of prompt payment under DOT contracts. Contractors must input and maintain (update as necessary) their EFT information in the CCR database. Offerors are advised that under FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, upon request, progress payments will include premiums paid by the Contractor to obtain performance and payment bonds as required under this contract. These payments shall not be made in addition to the contract price. As specified in the FP, “Section 151 - MOBILIZATION", payments for performance and payment bond premiums shall be included in mobilization.

WELFARE-TO-WORK INITIATIVE:

The President’s Welfare Reform Bill was initiated to assist welfare recipients and hopefully aid welfare recipients to find gainful employment. In support of this bill, Contractors are encouraged to hire welfare recipients whenever possible and to use welfare recipients in performance of duties on Government contracts.

INCREASING SEAT BELT USE IN THE UNITED STATES:

The President’s Executive Order 13043 dated April 16, 1997, was issued to increase the use of seat belts in the United States. In support of this Order, contractors and subcontractors are encouraged to adopt and enforce on-the-job seat belt policies for their employees when operating company-owned, rented, or personally owned vehicles.

OBTAINING BID DOCUMENTS:

Bid documents will not be mailed. All bid documents are available for direct download from the Federal Business Opportunities (FBO) website:

http://vets100.com/� http://www.fbo.gov/spg/DOT/FHWA/71/postdatePrevDays_1.html or the Eastern Federal Lands Highway Division website: http://www.efl.fhwa.dot.gov/contracting/Documents.aspx. Contractors are encouraged to register on the FBO website (for this specific project) in order to receive Email Notifications automatically when a document is added or updated for this specific project. All questions about this construction project must be emailed to the following address: eflhd.contracts@dot.gov.

THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MONITORING THE WEB PAGES

NOTED ABOVE FOR ALL CHANGES TO THE SOLICITATION AND ACTING ON SAID

CHANGES. SELECTED DBE PROGRAM PROVISIONS FOR THE VIRGIN ISLANDS –

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION IN USDOT ASSISTED

CONTRACTS (EFLHD – ADMINISTERED CONTRACTS) POLICY:

It is the policy of the United States that small business concerns, including small disadvantaged business concerns, shall have the maximum practicable opportunity to participate in performing contracts. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, including small disadvantaged business concerns. The Contractor hereby agrees, by signature on this Contract, to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration, the Federal Highway Administration (FHWA), or the Virgin Islands, as may be necessary to determine the extent of the Contractor’s compliance with this policy.

DBE PARTICIPATION/CONTRACT GOAL AND GOOD FAITH EFFORTS:

For purposes of this Contract, the DBE subcontracting goal is 25

Guidance on what constitutes good faith efforts is described in the Virgin Islands Department of Public Works’ (VIDPW) approved DBE Program. Copies of the program can be obtained from the VIDPW’s DBE Program Coordinator.

percent of the total contract amount, as determined by the Virgin Islands Department of Public Works with the concurrence of the Contracting Officer When the contract goal DBE participation is zero percent (0%), the contractor, must still submit a small business subcontracting plan prior to award identifying all DBE’s which the contractor intends to use on the project. This Contract will be awarded only to the low responsive and responsible bidder who meets this goal or who demonstrates good faith efforts to do so. Failure to make a good faith effort is defined as willful or intentional failure to perform in accordance with the requirements of this Contract, or willful or intentional action to frustrate the achievement of the Subcontracting Plan, if applicable.

TERMINATION / SUBSTITUTION / REPLACEMENT OF LISTED DBE FIRMS:

The Prime contractor may not terminate for convenience a DBE subcontractor without the Contracting Officer’s prior written consent. The prime contractor will be expected to identify an acceptable certified DBE subcontractor replacement in that event, or demonstrate good faith efforts to do so. This restriction does not prohibit termination for default or for failure to perform adequately. If a DBE subcontractor is unwilling or unable to perform the work of the commitment made to the prime contractor, the prime contractor shall immediately notify in writing the Contracting Officer, and request to be relieved of the commitment to use the named DBE.

mailto:eflhd.contracts@dot.gov�

COUNTING DBE PARTICIPATION:

When a DBE participates in a contract, only the value of the work actually performed by the DBE will be counted toward performance of the goal. The entire amount of that portion of a construction contract or other contract that is performed by the DBE’s own forces will be credited. Included are the costs of supplies and materials obtained by the DBE for the work of the contract (DBE manufacturer 100 percent of the cost of the materials or supplies may be counted & DBE regular dealer 60 percent of the cost of the materials or supplies), including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). Credit will be allowed for the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a USDOT-assisted contract. Credit will be allowed for fees considered reasonable and not excessive as compared with fees customarily allowed for similar services. Credit to a DBE contractor will be allowed only if the DBE is performing a commercially useful function on the contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted only if the DBE’s subcontractor is itself a certified DBE. Work that a DBE subcontracts to a non-DBE firm does not count. When a DBE performs as a participant in a joint venture, credit for a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces will be allowed. The Prime Contractor may not count the participation of a DBE subcontractor toward its DBE achievements or the overall goal until the amount being counted toward the goal has been paid to the DBE.

PROMPT PAYMENT:

This Contract includes Prompt Payment for Construction Contracts, which requires payment to the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment from the United States for work performed by the subcontractor. If retainage is withheld the prime contractor shall be required to release such retainage to subcontractors within thirty (30)calendar days of satisfactory completion, i.e. according to the specifications, of the entire subcontractor’s work.

LIQUIDATED DAMAGES:

If at the completion of the project, the prime contractor has failed to meet the established goal/commitment, or has not demonstrated good faith efforts to do so, the prime contractor shall be assessed liquidated damages for the difference between the established goal/commitment and the actual DBE participation achieved.

RECORD KEEPING REQUIREMENTS:

The Prime Contractor shall keep such records as necessary to ensure compliance with its DBE utilization obligations. The Prime contractor must retain all such records for at least three (3) years after project acceptance by the Contracting Officer following the completion of the contract. These records shall be available for inspection by the Virgin Islands Department of Public Works, the FHWA, the USDOT, or other appropriately sanctioned Virgin Islands State Agencies or Federal Agencies or Departments, to determine the Prime Contractor’s good faith effort to meet the established DBE subcontracting goal. The prime contractor’s DBE liaison officer or designee shall complete the top half of Form A-644, Monthly Contractor DBE Participation, and submit the form or its facsimile to the VIDPW’s DBE Program Coordinator and the Contracting Officer monthly.

COMPLIANCE PROCEDURES:

Whenever it appears that the Prime Contractor or any subcontractor or supplier may not be operating incompliance with the terms, conditions or requirements of this Contract, including but not limited to, encouraging fronting, brokering or the circumstance of a DBE not performing a commercially useful function as defined, an investigation will be conducted. If it is found that the contractor or any subcontractor or supplier is not in compliance with these Special Provisions, the party in noncompliance will be notified in writing.

If the deficiencies are not corrected, the Contracting Officer reserves the right to initiate administrative action against the party or parties in non-compliance, which may include but not be limited to:

1. Termination of the contract for Default, which is a part of this Contract.

2. Withholding an appropriate percentage of partial payments pursuant to Section 109 of the Standard Specifications for Highway and Bridge Construction. This appropriate percentage may be the amount of any proposed monetary sanction.

3. Initiation of appropriate debarment proceedings.

4. Referral of any unlawful actions to the appropriate enforcement agencies.

5. Other actions as appropriate, at the discretion of the Contracting Officer.

CHECKLIST FOR BID SUBMITTAL

1. Bid Envelope:

a. Addressed as shown in Block 7 of the SF 1442 page 1.

b. In lower left corner, indicate Solicitation No., Project Name & Number, time for Receipt of Offers and send to address in Block 8 of the SF 1442 page 1.

2. Standard Form 1442: Solicitation, Offer and Award (Pages 1 and 2)

a. Block 14: Name and Address of Bidder.

b. Block 15: Telephone Number of Bidder.

c. Block 16: Remittance Address if different from Block 14.

d. Block 19: All Amendments Acknowledged, with dates of Amendments.

e. Block 20: Bid is signed and dated.

3. Bid Schedule - (Pages B-1 through B-10)

a. Unit bid price and bid amount provided for each pay item in numbers.

b. Corrections initialed.

c. Price Evaluation eligibility is indicated on the Bid Summary page.

4. Disadvantaged Business Enterprise (DBE) Program Forms: Submit DBE forms with the bid is required, as it will speed up the award process should your firm be the apparent low bid.

a. Form A-585 (Appendix A)

b. BL-DBE Revised (Appendix B)

c. BL-DBE Revised (Appendix C)

d. Form (Appendix D)

e. Form A-644 (Appendix E)

5. Standard Form 24, Bid Bond (Pages C-1 through C-2) (Required if bid guarantee is bid bond)

a. Date executed

b. Legal name and address of bidder.

c. Type of organization.

d. State of incorporation (if applicable).

e. Name and business address of Treasury approved surety.

f. Penal sum of bond (not less than 20% of bid total).

g. Bid identification.

h. Signature of Bidder

i. Seal, if corporation

j. Signature of Surety

k. Seal, if corporation

BIDS RECEIVED WITHOUT A VALID BID BOND WILL BE REJECTED.

6. Power of Attorney.

a. Dated on or before execution date of bond

b. Power has original signature of surety, or is embossed with surety's seal in the

CHECKLIST FOR BID SUBMITTAL

certification section

BIDS RECEIVED WITHOUT A VALID POWER OF ATTORNEY WILL BE REJECTED.

7. Fill In's. The following full text Clauses and/or Provision numbers shall be checked or filled in and return with the bid package:

a. 52.219-4 – HubZone ONLY - See Section F, Clause 52-219-4, paragraph "C", check block if wavier is applicable.

THE FOLLOWING THREE ITEMS IF NOT SUBMITTED WITH THE BID; MUST

BE COMPLETED ELECTRONICALLY PRIOR TO CONTRACT AWARD.

8. Central Contractor Registration (CCR): The Contractor is currently registered in the Internet-Based CCR database at http://www.ccr.gov.

9. Online Representations and Certifications Application (ORCA): The Contractor's Representations and Certifications have been input online via the Internet-Based ORCA electronic database at http://orca.bpn.gov.

10. Vets100 Reporting: The Contractor has completed the annual Internet-Based reporting requirement online at http://vets100.com. The website is currently down, please complete the form provided and submit a copy to EFLHD. Please be advised that when the website is back up your firm will need to submit an electronic copy.

NOTE: THE CONTRACTOR IS FULLY RESPONSIBLE TO VERIFY THAT ALL

DATA IN THE THREE DATABASES IS CORRECT EACH TIME A BID

PACKAGE IS SUBMITTED. FAILURE PROPERLY INPUT AND/OR UPDATE

YOUR DATA PRIOR TO CONTRACT AWARD MAY CAUSE THE BID TO BE

REJECTED.

http://www.ccr.gov/� http://orca.bpn.gov/� http://vets100.com/�

CONTINUATION OF SF 1442

Block 2:

This project is UN-RESTRICTED - Bids will be accepted from ALL eligible business concerns.

This procurement falls under North American Industry Classification System (NAICS) code 237310 - Highway, Street, and Bridge Construction (see FAR Subpart 19.10)

The award of this project is subject to a 10% price evaluation preference for eligible HubZone Small Business Concerns (must be on the SBA listing) (see FAR Clause 52.219-4).

Facsimile and electronic bids will not be accepted.

PHYSICAL DATA AVAILABLE FOR REVIEW

1. Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, published by the Federal Highway Administration. http://mutcd.fhwa.dot.gov.

2. Geotechnical Report

3. Permits

4. DBE Commitment Forms (585-A)

Block 9:

In accordance with FAR Provision 52.236-27, Site Visit, a Government representative can be available to show the project to prospective bidders. All requests for site visits see Section E of the solicitation and e-mail all questions concerning this construction project to the following e-mail address eflhd.contracts@dot.gov. Interested parties must provide the Solicitation Number and the relevant project name with all requests and questions.

∗Block 11:

The number of calendar days for Schedule A cannot be lower than 475 calendar days and cannot exceed 535 calendar days.

The completion time for the contract will be the time offered by the successful bidder, not to exceed the maximum time above. Work restrictions can be found in SCR (J pages) Sections 108 and 156.

Notice to Proceed will be issued within 30 days following receipt of acceptable performance and payment bonds. (Actual Notice to Proceed date will be 10 days from issuance or the date specified in the Notice.)

Block 12A:

Furnish performance and payment bonds in accordance with FAR Clause 52.228-15.

Block 13:

A bid guarantee in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision mailto:eflhd.contracts@dot.gov�

CONTINUATION OF SF 1442

52.228-1, Bid Guarantee.

Other:

The estimated price for the entire project (Schedule A and Options 1 though 5) is expected to fall within the price range of $5,000,000 to $10,000,000.

Responsibility of bidders shall be evaluated in accordance with the information provided on the Bidder's Qualification Form, which can be downloaded from FHWA web site. FP-03 versions can be downloaded at the FHWA web site. FHWA web site is http://www.efl.fhwa.dot.gov/contracting-manuals-guides.aspx then click on Construction Specifications.

For purposes of this Contract, the DBE subcontracting goal is

DBE PARTICIPATION/CONTRACT GOAL AND GOOD FAITH EFFORTS:

percent of the total contract amount, as determined by the Virgin Islands Department of Public Works with the concurrence of the Contracting Officer When the contract goal DBE participation is zero percent (0%), the contractor, if not an approved DBE, must still submit a small business subcontracting plan prior to award identifying all DBE’s which the contractor intends to use on the project.

This Contract will be awarded only to the low responsive and responsible bidder who meets this goal or who demonstrates good faith efforts to do so. Failure to make a good faith effort is defined as willful or intentional failure to perform in accordance with the requirements of this Contract, or willful or intentional action to frustrate the achievement of the Subcontracting Plan, if applicable. Guidance on what constitutes good faith efforts is described in the Virgin Islands Department of Public Works’ (VIDPW) approved DBE Program. Copies of the program can be obtained from the VIDPW’s DBE Program Coordinator.

http://www.efl.fhwa.dot.gov/contracting/Documents.aspx�

Pre-Bid Meeting Minutes Page 1 of 3

Amendment No. 001 Project: VI 30(35) Contract 2

Frenchman Bay Road Solicitation No.: DTFH71-11-B-00019

Pre-Bid Meeting Minutes Questions/Clarifications

Date: August 9, 2011 Time: 10:00 a.m. to 11:30 a.m.

Place: St Thomas Island, USVI

8244 Sub Base, Charlotte Amalie, St. Thomas, VI 00802-5805

Attendees: See attendance list.

I. Project Overview. FHWA began the meeting with introductions and a brief project overview was given by the FHWA Contract Specialist. The pre-bid meeting included a question and answer session. Contractors were asked if they wanted to visit the project site and they said no.

The following is a description of the project and solicitation for informational purposes discussed directly or indirectly at the meeting.

Project Scope: The project consists of the reconstruction and widening of approximately

0.28 miles of Frenchman Bay Road (Route 30) beginning at the Centerline Road Extension/Long Bay Road intersection. The work includes earthwork, aggregate base, hot asphalt concrete pavement, concrete curb and gutter, drainage, utilities (including traffic signal, street lighting, waterline, and irrigation systems), landscaping, and other miscellaneous work. The project is expected to fall within the price range of $5,000,000 to $10,000,000.

Proposal Information: The Bid Documents [Plans, Special Contract Requirements (SCR’s), Specification Book FP-03, Checklist for Bid Submission, etc.,] are available on the following websites:

Use Internet addresses http://www.efl.fhwa.dot.gov/contracting/Documents.aspx or https://www.fbo.gov/ (at QUICK SEARCH, type "EFLHD" and all available projects will be listed) to check for availability of bid documents.

Bidders are reminded to sign up for automatic email notification for any changes to the Bid Documents and Solicitation on the FBO website above.

1. The project name was misspelled on the cover of the solicitation. This will be corrected in an amendment.

2. There is a discrepancy between the DBE goal shown on page 3 (30%) and on page J-8

(25%). The correct DBE goal is 25%. This will be corrected in an amendment.

http://www.efl.fhwa.dot.gov/contracting/Documents.aspx https://www.fbo.gov/

Pre-Bid Meeting Minutes Page 2 of 3

3. The bidders were informed that they must submit their DBE paperwork with their bid package. It was emphasized that it is critical that they do so, due to the limited time available for receiving and evaluating bids, and awarding a contract before the fiscal year shutdown. Bids that do not include the DBE paperwork could be considered non-responsive.

The Bid Opening remains August 26, 2011. Bids are due by 10:00 a.m. local time, and are to be delivered to: Jomo McClean, Design Program Manager, Virgin Islands Department of Public Works, 8244 Sub Base, Charlotte Amalie, St. Thomas, VI 00802-5805.

Bidders can send written questions or inquiries for clarification to: eflhd.contracts@dot.gov.

II. Questions/Clarifications. The following questions and issues were either asked or discussed by potential bidders at the Pre-Bid Meeting; the Government response or clarification is provided. The questions/clarifications are not a transcript of actual words spoken; they have been edited to provide a clearer representation of the actual issues discussed; any follow-up action or clarification not discussed at the meeting is also included. Several questions involving the same subject were submitted via email, and are listed here also

1. Is there any way to enter the bid information into the B pages electronically, rather than manually?

Response: The document is only available as an Adobe pdf file, and it is not a fillable form. If bidders want to edit the pdf to put in their bid information, they are welcome to do so. However, the Government won’t provide any other document format, and bids must be submitted in paper form.

2. What is the correct design wind speed for streetlight poles? Per drawing Q8, the design wind speed is 110 mph. However, the traffic signals are to be designed for 150 mph.

Response: The correct design wind speed is 150 mph for both streetlights and traffic signals. This is already specified in the Subsections 721.02(a)(6) and 721.02(b)(4)(b) of the SCRs. This will be further clarified in an amendment to Subsection 636.06(b) of the SCRs. Please note that as specified in Subsection 104.04 of the FP, the SCRs take precedence over the Plans.

3. Does the Innovative infrastructure include separate facilities (conduits) for telephone, CATV, broadband communication, security system, or other lines?

Response: The Innovative conduit system is all-inclusive. It isn’t clear yet whether security systems will be underground or wireless. However, if underground, then they would be in the same conduits as well.

4. Will the overhead utilities (poles, cables, etc.) be taken down?

Response: Yes, the utility companies are responsible for removing their overhead facilities.

5. Do the utilities have funding to do their portion of the work?

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Pre-Bid Meeting Minutes Page 3 of 3

Response: The Government is preparing utility agreements with WAPA and Innovative that will define their responsibilities and establish funding for them to perform their work. The Contractor will need to coordinate utility work with the utility companies.

6. The utility plans do not include details or specifications for all of the various manholes called out in the plans.

Response: Details for the utility manholes and pullboxes called out in the plans are already included in the plans. Plan Sheets Q12 and Q13 call for the installation of three manholes. The manholes are designated as Manhole Type UM-AB, M.H E1, and M.H. E2. All three of these manholes correspond to the Type UM-AB Manhole design. The details that apply to these manholes are provided in Detail 636-Q, Conduit Foundation Details, on Plan Sheets S61 and S62. The manholes are measured under Pay Item 63621-5000, Utility Box, Concrete.

Details for pullboxes and the streetlight system, measured under Pay Item 63621- 1000, Utility Box, Pullbox, are provided on Plan Sheets Q8 and Q9.

7. When will the work begin?

Response: Based on a contract award in mid-September, the Notice to Proceed is expected to be given in early November.

8. Will any bids not meeting the 25% DBE goal be considered non-responsive?

Response: This question cannot be answered at this time. All bidders are encouraged to meet the goals as specified or provide documentation of a good faith effort towards meeting the goals.

9. The landscaping plan and the plant pallet for this project have significant discrepancies.

Would you please verify which numbers are correct so we can bid accurately for this project.

Response: The planting and mulching quantities on Plan Sheet C28 are incorrect and should be as follows:

Queen Palm 22 each Green Island 1900 each Song of India 750 each Purple Queen 650 each

Mulching 855 sqyd

The planting and mulching quantities will be corrected in an amendment.