Questions_and_Answers__Richmond_Inner_and_Outer_Harbor_Dredging_8-26-15.pdf

RICHMOND INNER AND OUTER HARBOR CHANNEL MAINTENANCE

DREDGING PROJECT, CONTRA COSTA COUNTY, CALIFORNIA

AS OF: 26 August 2015 Page 1 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

The intent of this section is to provide questions & comments received from interested parties on the above solicitation, and our responses to those questions and comments. It is possible that the information below does not reflect 100% of the questions and responses. The questions and comments do not necessarily represent questions received from any particular contractor.

Questions and responses are provided for information only and are not made part of the solicitation. Only a formal amendment (SF30) to the solicitation changes the solicitation.

Changes to any previous responses in this document will be struck-through and new, updated responses will be provided as appropriate.

No. RFP Section Question Response

1) Section 00 21 00 Instructions, Conditions and Notice to bidders in 1.1 General. The work consists of maintenance dredging of 165,000 cubic yards of dredged material to provide an authorized project depth of -38-feet plus 1 foot allowable paid in yard over-depth in Richmond Inner Harbor Reaches 1 through 10, and an Option to dredge up to 200,000 cubic yards of dredged material to provide an authorized project depth of -45-feet plus 1 foot allowable paid over-depth in the Long Wharf area and the Richmond Outer Harbor.

Doesn’t Alternate 1 bid pricing require option items for Long Wharf area and the Richmond Outer Harbor to conform with scope of work as per the referenced section? If not, does the Corps assume no dredging will be performed for the Long Wharf area and Richmond Outer Harbor if Alternate 1 bid is awarded as the awardable scope of work does not include such areas?

See Amendment 0001.

AS OF: 26 August 2015 Page 2 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

2 2) Section 00 21 00

Instructions, Conditions and Notice to bidders in paragraph 2.5 provides hypothetical bid evaluation examples In both the hypothetical examples both alternates have option pricing items. Can the Corps provide an hypothetical situation where as alternate 1 does not have an option item as per the actual solicitation bid pricing items?

The basis for award includes the Option (See bid notes in Pricing Schedule). USACE intends to award the Option pending receipt of funds in early October 2015.

3 3) Section 00 72 00 Contract

Clauses, Paragraph 52.211-10 Commencement, Prosecution and Completion notes that the contractor to complete the entire work ready for use not later than 99 calendar days after receipt of notice to proceed. When does the Corps anticipate NTP? Does the corps intend to award additional days if Alternate 2 Option is awarded?

USACE anticipates issue of NTP within two weeks after contract award date. The Period of Performance includes the Option work for both Alternatives (See Section 35 20 23, Para 3.2.5.1).

4 Pricing Schedule, Section 00 10 00, Alternate 1 – Dredging Richmond Inner Harbor with disposal at SF- DODS does not have an option for Richmond Outer Harbor as per Alternative 2. How does the Corps intend to evaluate the two respected alternatives when the volumes and the dredge areas don’t match?

The Option is a standalone item and the Total Option Bid Price is included in the Alternative 1 - Total Evaluated Bid Price and the Alternative 2 - Total Evaluated Bid Price (See last two entries on Pricing Schedule). Both Alternatives include the Option in the total amount to be considered for determination of the low bid.

AS OF: 26 August 2015 Page 3 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

5 1. SECTION 01 32 23,

HYDROGRAPHIC SURVEY, 1 PART 1

GENERAL, 1.1 INTRODUCTION indicates the following: The contractor shall acquire the services of a survey contractor to provide all labor, material, and equipment necessary to perform professional hydrographic surveying in the location and time period stated in STANDARD FORM 1442. The Survey Contractor shall be registered and licensed in the State of California.

Please clarify the type of license and registration required - California Professional Licensed Surveyor (PLS, issued by the State of California) Certified Hydrographer (issued by independent organization, not State of CA), or a Business License from a city/county in the State of CA.

All survey data provided with the contract documents was collected in November and December 2014 and January 2015.

Could the USACE provide a more recent survey?

7 When does the USACE intend to issue

NTP?

USACE anticipates issue of NTP within two weeks after contract award date.

When does the USACE intend to notify the Contractor whether Option work will be awarded?

USACE anticipates award of Option in early October pending receipt of funds.

AS OF: 26 August 2015 Page 4 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

4) Section 01 11 00 Paragraph 1.5.2.3 Option states:

“Due to environmental constraints all Option work that includes disposal operations at SF-10 or the back-up site SF-11 must be completed before 1 December.”

a. May work continue past 30 November in the Option area if material is placed at a fully permitted upland site?

Pricing Schedule, Section 00 10 00, Alternate 1 – Dredging Richmond Inner Harbor with disposal at SF- DODS does not have an option for Richmond Outer Harbor as per Alternative 2. How does the Corps intend to evaluate the two respected alternatives when the volumes and the dredge areas don’t match?

The Option is a standalone item. The Total Option Bid Price is included in the Alternative 1 - Total Evaluated Bid Price and the Alternative 2 - Total Evaluated Bid Price (See last two entries on Pricing Schedule). Both Alternatives include the Option in the total amount to be considered for determination of the low bid.

AS OF: 26 August 2015 Page 5 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

Section 00 21 00 Paragraph 1.1 General states:

“The work consists of… an Option to dredge up to 150,000 cubic yards of dredged material to provide an authorized project depth of -45-feet plus 1 foot allowable paid over-depth in the Long Wharf area of the Richmond Outer Harbor.”

However, Section 01 11 00 Paragraph

1.1.1 Project Description states:

“…the work also includes an Option item for an estimated volume of dredged material to provide a project depth of -45-ft (MLLW) plus 1-ft of paid overdepth prism to be excavated from the Richmond Outer Harbor and Long Wharf…”

a. Please clarify whether the USACE intends the Option item to include only the Long Wharf area of the Richmond Outer Harbor or the Richmond Outer Harbor and Long Wharf.

AS OF: 26 August 2015 Page 6 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

1) The SFl442 states, "Dredged material excavated from the Richmond Outer Harbor shall be transported and disposed at the Government-furnished in-bay disposal site, SF-10. Due to Environmental constraints all material dredged after November 30, will be placed at a fully permitted beneficial use site of the contractor' s choosing."

Section 01 11 00 - Summary of Work, Paragraph 1.5 "Order of Work" includes a section on Time restrictions ( 1.5.2 Time Restrictions). That section has four subheadings.

"Alternative 1:" appears to limit disposal operations at SFDODS to no later than November 30th and makes clear than any remaining work to complete the inner harbor must go upland at the SF-DODs bid price.

"Alternative 2"- appears to intend to say if you are awarded the alternative, paragraph

See Amendment 0002.

AS OF: 26 August 2015 Page 7 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

1.5.2.1 does not apply. However, it is very unclear and it seems like it could be interpreted to mean that if you submitted a responsive and responsible bid for Alt 2 at all (whether it was the low and the alternative awarded or not), paragraph one doesn't apply. We don't believe this is your intent.

Please clarify .

1.5.2.3 "Option" appears to say that all option work (and the option is the outer harbor) must be completed before December Isi. It goes on to restate the sentence in section 1.5.2.1 that all work to complete the inner harbor must go upland . However, the option is the outer, not the inner harbor. Furthermore, what it doesn't say, is that any remaining work in the option must go upland for the SFDODS price (as paragraph 1.5.2.1 states for the inner harbor). It appears the intent of the government is to require the inner harbor work to be completed by going upland at the ocean price, but that the contractors should not include this risk for the outer harbor quantity. Please clarify.

AS OF: 26 August 2015 Page 8 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

15 2). Section 0 I 22 00.00 10 paragraph

1.1.4 states, After the Before-Dredge survey has been performed for each reach, the Contractor will be responsible for all shoaling during the execution of the dredgi ng in each reach and this should be reflected in the Contractor 's bid proposal. Any difference in the bid quantities that occur as a result of shoaling or the configuration of the shoaling following the issuance of the solicitation and before the Before- Dredge survey i s performed shall be resolved solely in accordance with the provisions of the FAR Clause 52.211- 18, Variations in Estimated Quantities."

Section OJ 22 00.00 IO paragraph 1.2 states, "Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item, or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price."

The FAR sited as the sole basis for dealing with quantity variations conflicts with the later statement in the same section that variations beyond 115% will not be the basis of price adjustment. This is critically important as quantity variations beyond 115% will undoubtedly include upland fees at much higher prices. Please rectify this conflict. As we read the current specification, we would be able to assume a price adjustment to upland prices for quantities exceeding 115% of the bid quantity, even on the Alternative 1 pricing schedule (as per the sole basis of adjustment cited).

1) The BD survey definitizes the pay quantity. Shoaling material after the BD is Contractor risk. Government intends to continue the Sub Reach Completion practices that have been in use for several years.

2) The Variation in Estimated Quantity Clause applies to shoaling (...or deducts) prior to the BD. Shoaling material prior to BD survey is Government risk.

3) Section 01 22 00.00 10, Paragraph 1.2 amplifies the VEQ Clause requirement. In other words the unit price for Overdepth Prism is fixed in both directions and the unit price for Required Prism is fixed for all underruns and for 15% overruns.

Negotiation is required for Required Prism volumes that are greater than 115%.

AS OF: 26 August 2015 Page 9 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

16 3). The contract as written does not appear to provide any guidance on when the option might be awarded.

The period of performance does not appear to anticipate adjustment based on the award of the option. The option represents more than half the quantity in the job. As currently written, the option quantity could be going in-bay, if awarded immediately, or upland , if awarded in December at roughly 4 times the cost. How is a contractor to asses this risk? Can the government provide a deadline for award of option?

USACE anticipates award of Option in early October pending receipt of funds.

AS OF: 26 August 2015 Page 10 of 12

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P7-15-B-0004

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AS OF: 26 August 2015 Page 12 of 12