Arlington County Government Sealed Solicitation

Title: 22-DES-RFPPW-672: Arlington Water Pollution Control Plant Phase 10C/D – Comprehensive Biosolids Upgrade Project (Short Title: Biosolids Upgrades)

Deadline: 5/8/2023 12:00 PM   (UTC-05:00) Eastern Time (US & Canada)

Status: Awarded

Solicitation Number: 22-DES-RFPPW-672

Description: Arlington County, Virginia, is soliciting proposals from the prequalified Applicants of 22-DES-RFQ-672 with experience and abilities related to the Design-Build process as specified in this solicitation. This solicitation defines the Work required for the successful Design-Builder (hereinafter referred to as “Contractor”) to implement the new biosolids management facilities (hereinafter referred to as the “Project” or “Biosolids Upgrades”) at the Arlington County Water Pollution Control Plant (WPCP) located at 3402 S. Glebe Road, Arlington, VA 22202. The County has developed conceptual documents (hereinafter named “RFP Plans”) for the Biosolids Upgrades as Attachment B. The RFP Plans represent 5-10% design documents for the Project. The County seeks to work collaboratively with the Contractor to make decisions, finalize the design, implement construction, and commission the Biosolids Upgrades. The Biosolids Upgrades includes the following key components:

• Liquid solids storage tanks
• Solids screens
• Pre-dewatering facility in either new building or repurposed existing dewatering building
• Thermal hydrolysis process (THP) (equipment to be pre-selected by Arlington County)
• Primary and secondary anaerobic digesters
• Final dewatering facility to be housed in a new building
• Biogas treatment
• Steam generation
• Odor control
• All ancillary (electrical, HVAC, plumbing, fire protection, instrumentation, etc.) facilities to make a complete and functional operating facility.  


Pre-Bid Meeting Date: 3/9/2023 11:30 AM

Pre-Bid Meeting Details: Please sign up if you plan to attend the mandatory pre-proposal meeting by 3:30 p.m. on March 8, 2023. If Vendor Registry does not permit this, the registered account holder should email mhurley1@arlingtonva.us with the list of members who plan to attend the mandatory preproposal conference. Additionally, the County will hold mandatory pre-application site visits on March 9, 2023 at 2:00 p.m. and March 10, 2023 at 10:30 a.m. at 3402 S Glebe Rd, 2nd Floor, Arlington, VA 22202 in Room 208. Offerors desiring to attend the preproposal site visit should register via the Vendor Registry “Pre-Bid Sign Up” tab by 3:30 p.m. the day prior to each mandatory pre-proposal site visit date. If Vendor Registry does not permit this, the registered account holder should email mhurley1@arlingtonva.us with the list of members who plan to mandatory pre-proposal site visit.


Documents:

Documents as of 2/19/2023
22-DES-RFPPW-672 Final.pdf
Attachment A Cost Proposal Final.xlsx
Attachment B - RFP Plan Contents.pdf
B1. Arlington Re-Gen Facilities Plan Vol 1 2 3.pdf
B2A. Early Work Drawings and Specifications.pdf
B2B 18019-001 TOPO HC-Update-Model.pdf
B2C. 22230023.000 - WPCP SOE Exploration GDR.pdf
B3. Biosolids Upgrades General Requirements - February 2023.pdf
B4. VPDES Permits 2019.pdf
B5. WPCB Contractor Safety Standard.pdf
Attachment C - Reference Documents Contents.pdf
C1A. 90-02-WPC Phase 2B record set.pdf
C1B. 3A Solids Processing Facilities.pdf
C1C. 4A - DWB & SBB Odor Control Improvements record set.pdf
C1D. 7A Upgrade and Expansion.pdf
C1E. 7B Upgrade and Expansion.pdf
C1F. 7E HHM Redlines.pdf
C1G. 72-47-S Biological Sludge Processing Building.pdf
C1H. Dissolved Air Flotation.pdf
C1I. Low Level Pump Station.pdf
C1J. Sludge Storage & Digestion.pdf
C1K. Standby Generator Facility.pdf
C2. Site Plans WPB5 100% Design Set.pdf
C3. Arlington report 0203.pdf
C4. HazMat Information.pdf
C5. Arlington VA Inspection Report for 11 Tanks 7-18-22.pdf
C6A. AC WPCP Solids Operating Data 2022.xlsx
C6B. Arlington chemical delivery data 2022-lime and polymer.xlsx
C7. Contractor Safety Brochure.pdf
C8. SWPPP 2019 Final-1.pdf
C9. SPCCP 2015.pdf
Addition 1

Posted: 3/10/2023

Type of Addition: Addendum 1

Overview: Please see Addendum 1 for information related to the Preproposal Conference, site visit sign-in sheets, and the County's answers to questions received.

Documents:

Addition 2

Posted: 4/20/2023

Type of Addition: Addendum 2

Overview: Please see Addendum 2 for the County's responses to questions received and additional attachments provided

Documents:

Addition 3

Posted: 4/26/2023

Type of Addition: Addendum 3

Overview: Please see Addendum 3 for the County's responses to questions received and an additional attachment provided.

Documents:

Addition 4

Posted: 5/8/2023

Type of Addition: In Review

Addition 5

Posted: 1/20/2024

Type of Addition: Award Information

Documents:

Question 1

Posted: 3/7/2023

Question: Please clarify specific submittal requirements for Proposal Submittal Elements described in Section 8.C on RFP page 60. Section C states that compliance will be verified against the Offeror’s excepts to the draft Terms and Conditions (to be submitted in response to Section D). What are Proposers required to submit to address this item?

Response: Please see Addendum 1 for the response.

Question 2

Posted: 3/7/2023

Question: Early Works Cost Proposal. The Cost Proposal indicates that the cost proposal for the Early Work Construction Implementation Stage constitutes a firm, not-to-exceed price. The Scope of Work included in the RFP also indicates that the Contractor is to execute Design Implementation for and negotiation of an Early Work GMP. Based on the Preliminary nature of the Early Work Drawings and Specifications included in RFP Attachment B2A, and the opportunity for the scope to evolve based on additional information resulting from the Design Confirmation process it will be challenging to prepare firm pricing for a construction scope that has limited definition. Is the intent that the Early Work Cost Proposal will serve as the basis for GMP negotiation, similar to the Main Project Construction Implementation cost proposal? If not, we respectfully request an opportunity to visit the site with potential subcontractors and/or the ability to include assumptions with our cost proposal that form the basis for our firm, not-to-exceed price.

Response: Please see Addendum 1 for the response.

Question 3

Posted: 3/7/2023

Question: General Conditions Fee. - Please clarify assumed duration as well as assumed Cost of Work value, to serve as the basis for the Early Work General Conditions Fee. - Please confirm that Main Project General Conditions fee is to be based on an assumed Cost of Work of $110 million. - Startup and Commissioning Planning is identified as part of the General Conditions Fee. The planning for startup and commissioning of the intended improvements is especially complex, and critical to project success. We suggest including startup and commissioning planning as part of Cost of Work, rather than General Conditions, to ensure Proposers devote the appropriate attention to this critical activity, and allow Arlington staff to actively participate at the level desired by the County. Alternatively, to ensure consistent pricing between Proposers, suggest a detailed scope of work be provided for this activity.

Response: Please see Addendum 1 for the response.

Question 4

Posted: 4/7/2023

Question: Does the owner have any spec requirements for the SL and RSL lines shown on C-04? We are assuming class 350 pipe with epoxy lining for these services with C153 MJ fittings with megalugs.

Response: Please see Addendum 2 for the response.

Question 5

Posted: 4/7/2023

Question: What is the pipe material for the 16" CENT line on C-004? We assume C905 with PVC fittings or MJ with megalug fittings are acceptable.

Response: Please see Addendum 2 for the response.

Question 6

Posted: 4/7/2023

Question: It is not clear what work needs to be done to the exisitng blend tank No. 3 to allow for a new 24" manway and level transducer. 1) Please confirm the scope of this work is only installing a new bolt on 24" manway cover and tapped flange for level transducer. We assume no FRP modifications are required to the tank for this work. 2) Please confirm that the there are no requirements to re-test or re-certify the tank upon completion of the modifications.

Response: Please see Addendum 2 for the response.

Question 7

Posted: 4/7/2023

Question: Will the existing fire protection system need to be re-tested after the Vic cap is installed?

Response: Please see Addendum 2 for the response.

Question 8

Posted: 4/7/2023

Question: The RFP references a 150 day period for Design Confirmation along with a potential for an additional 60 days at the owners discretion. Please advise how the Offeror is to price the additional 60 days or not for the basis of the pricing of design confirmation.

Response: Please see Addendum 2 for the response.

Question 9

Posted: 4/7/2023

Question: Spec 43 23 57 provides a 10 gpm flow and maximum 500 RPM. Please provide the discharge pressure/ head the pump will see.

Response: Please see Addendum 2 for the response.

Question 10

Posted: 4/7/2023

Question: Spec 43 23 57 calls out a stuffing box gland and latern ring, is a packed pump required or are mechanical seals acceptable?

Response: Please see Addendum 2 for the response.

Question 11

Posted: 4/7/2023

Question: Spec 43 23 57 call for a AISI 316 SS pump body. Is this requirement only for wetted parts or does the entire pump need to meet this requirement?

Response: Please see Addendum 2 for the response.

Question 12

Posted: 4/7/2023

Question: Please provide a MSDS for the polymer solution including viscosity, % solution, specific gravity, and PH.

Response: Please see Addendum 2 for the response.

Question 13

Posted: 4/7/2023

Question: Does the polymer transfer pumps need to be full service-in-place (CIP) capable?

Response: Please see Addendum 2 for the response.

Question 14

Posted: 4/7/2023

Question: Ref: RFP – Section II Information to Offerors- Articles 19A & 19B indicate that a Bond in the amount of 100% of the Guaranteed Maximum Price (GMP) will be required of the successful Offeror as a condition of Contract Award to ensure satisfactory completion of he work. a. Please clarify when these bonds are to be delivered and what Phase they are to cover, i.e. Phase 1 – Design Confirmation Phase, Phase 2 Implementation Phase (Early Work Design Implementation Stage, Design Implementation Stage (Pre-Construction Services) and Construction Implementation Stage). b. Please clarify if the value is to be based upon the buildup presented in Attachment A – Cost Proposal, which is based upon a Cost of Work value of $110,000.00 and 30-month construction duration and identified as the offerors preliminary cost proposal or if it should be based upon the Final Costs to be negotiated with the Offeror.

Response: Please see Addendum 2 for the response.

Question 15

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A2.2 4d. “The Contractor shall identify asset management and data requirements.” Please confirm that input from the County will be provided to identify current asset management software systems and data fields being collected by the County.

Response: Please see Addendum 2 for the response.

Question 16

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The proposal form for COST OF WORK provides the offeror instruction and the opportunity to “modify this template to provide your firm’s preliminary cost proposal”. a. Please confirm it is acceptable to add line items to the cost proposal to align with the project delivery obligations. b. Would this be the location where qualifications, assumptions and/or clarifications to the cost values should be provided?

Response: Please see Addendum 2 for the response.

Question 17

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The paragraph in italics under COST OF WORK states: “The Offeror acknowledges and understands that the cost proposal for the Design and Early Work Construction Implementation Stages will constitute a firm, not-to-exceed price and that the final Guaranteed Maximum Price will be negotiated between the parties per the terms of the Agreement”. a. Please confirm the “Design” stage referenced is to include both Design Confirmation as well as Design Implementation Stages.

Response: Please see Addendum 2 for the response.

Question 18

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form requests pricing on Design Services to 100%. However, the final Dewatering Building Option (Re-use or New) is not known yet. Should the Offeror insert the value for what they believe will be the higher design effort?

Response: Please see Addendum 2 for the response.

Question 19

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form requests pricing on the Demolition of Abandoned Facilities, excluding Hazardous Materials Abatement. Since Offerors have been precluded from entering this building to do a detailed evaluation and only have record drawings available, would this be better presented by the County as an Allowance. With an Allowance established, Offerors once under Contract would seek proposals from qualified demolition and abatement subcontractors.

Response: Please see Addendum 2 for the response.

Question 20

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form COST OF WORK, under the category of Main Project Construction provides a pre-entered value of $110,000,000.00 with a note that this is an assumed value. Under this category there is also an entry for a value of 30 months for a construction duration. Please confirm should either of these values change, will the offeror be permitted to change the values of the GC fee and or DB fee.

Response: Please see Addendum 2 for the response.

Question 21

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form for GENERAL CONDITIONS FEE, has an Item for Early Work General Conditions and is requesting values for various GC cost elements. The majority of the cost elements are significantly influenced by the duration of the Early Work period which has not been provided. This period will be dependent on the duration of the overall demolition and the Hazardous Materials Abatement effort, the latter of which is unknown and was excluded form the Early Work Construction cost. Ultimately the duration will not be determined until the Abatement subcontractor can access the building and evaluate the scope of work. Accordingly, any values provided without the knowledge of overall duration would be of limited value. We would recommend that the County establish a fixed duration for this construction period so that all offerors are aligned with assumptions. This is similar to the duration provided for the Main Project Construction Cost of Work and General Conditions fee.

Response: Please see Addendum 2 for the response.

Question 22

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A5.1.2.1 Schematic Design Package Minimum Requirements. Under Article A5.1.2.1 7 Identifies Special Studies to be performed under this Design Implementation Stage. We note that these studies have not been included in the Early Work Design Implementation Stage. Please clarify that both the Noise Study and the Vibration Study are to be completed as a predecessor to starting Early Work Construction and that the guidance provided are to be implemented as part of the Early Work Construction Stage.

Response: Please see Addendum 2 for the response.

Question 23

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1 Compensation. This Article indicates that “The Contractor’s sole compensation for the Work shall be the Design-Build Fee, General Conditions Fee, and reimbursement for the Cost of the Work.” Essentially, no markup of subcontractors or suppliers will be allowed. Further, 6.1.1 5. States that “Self-performed work is not to be considered subcontracted work.” Please clarify that the Contractor (Offeror) executing “self-performed” work can apply OH&P markups to work as part of their offering for the work package similar to a subcontractor performing the same work.

Response: Please see Addendum 2 for the response.

Question 24

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1.2 General Condition Fee. This Article lists numerous General Condition Cost elements. Please confirm which of the cost elements on this listing is to be included in Early Work Construction Implementation Stage. As an example, should cost be carried for the Project groundbreaking and ribbon cutting ceremonies.

Response: Please see Addendum 2 for the response.

Question 25

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1.3 Non-Reimbursable Costs. Under part 5. “Costs due to the errors or omissions of the Contractor or subcontractors or suppliers at all tiers, negligent or otherwise” are not reimbursable. Also noted under Exhibit E Guaranteed Maximum Price, Article 7. Contingency (page 88), the use of contingency is limited to costs associated with Market changes and unforeseen conditions. The limitation on the use of Contingency funds is contrary to current industry best practices. We recommend a broader use of the Contingency funds available to the Contractor. This may also prevent additional contingency amounts in the Design-Build Fee.

Response: Please see Addendum 2 for the response.

Question 26

Posted: 4/7/2023

Question: Ref: RFP – Section V Contract Terms and Conditions Article 7 Time for Completion lists a potential change in the duration of the Design Confirmation Phase from 150 calendar days to 210 calendar days at the sole discretion of the County. Please clarify how additional compensation will be provided should the duration increase or confirm that Offerors should assume the longer duration in their proposed fee.

Response: Please see Addendum 2 for the response.

Question 27

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. The cost proposal requests a fixed dollar amount for Design Build Fee. The Design Build Fee is typically derived from a percentage. Please confirm the Fee will be modified proportionally in the event of increases or decreases to the contract value.

Response: Please see Addendum 2 for the response.

Question 28

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. The cost proposal requests a fixed dollar amount for fee. Please describe how the fee related to the Early Work package and or Design Confirmation/Implementation components will be applied to those portions of work.

Response: Please see Addendum 2 for the response.

Question 29

Posted: 4/7/2023

Question: Ref: RFP - Section A.6.1.4.3 Changes to the Design-Build Fee indicates that the Design-Build fee shall not be increased or decreased as a result of Change Orders unless such changes (i) extend the Period of Performance for Substantial Completion from that contemplated herein by more than 60 days; or (ii) the County makes additions to the scope of work that either individually or in the aggregate cause the GMP to increase Change Orders related to differing site conditions, hazardous material, or Project delays shall not be considered an increase in the scope of work for this calculation. As interpreted this prohibits the PDB from adding fee to change orders as contingency is utilized. Contingency is currently shown outside of the GMP total where the fee Design-Build fee is added. Please confirm that as contingency would be utilized the PDB would be allowed to add an agreed to percentage based fee to changes to ensure an equal comparison in the scoring of the cost portion of this RFP.

Response: Please see Addendum 2 for the response.

Question 30

Posted: 4/7/2023

Question: Spec 43 23 57 calls out Buna or a Nitrile stator. If the polymer is diluted to 0.5% and is not Neat this would acceptable material. Is Viton/ FKM elastomer stators acceptable.

Response: Please see Addendum 2 for the response.

Question 31

Posted: 4/7/2023

Question: Is the transfer pump to have a new control panel provided by the pump manufacturer or is the existing controls to be modified for control? It's not clear from drawing I-002 if the polymer transfer pump starter panel is existing or is the panel being modified per notes 5 and 6 on I-002.

Response: Please see Addendum 2 for the response.

Question 32

Posted: 4/7/2023

Question: Reference IV. Proposal Requirements, 1. General. It is noted the proposal must be formatted for 8.5"x11" paper. Can 11"x17" paper be used on a limited basis to present graphical information? If so, how many 11x17s will be permitted? Will they count as one or two pages towards the page count?

Response: Please see Addendum 2 for the response.

Question 33

Posted: 4/7/2023

Question: Does the Early Work Package need to comply with any AIS, BABA or Buy American requirements?

Response: Please see Addendum 2 for the response.

Question 34

Posted: 4/7/2023

Question: Please confirm the Contractor is not responsible for the furnish of any chemicals for initial fill, startup, and testing consumption.

Response: Please see Addendum 2 for the response.

Question 35

Posted: 4/7/2023

Question: Please confirm the Owner will drain down and clean chemical tank #3.

Response: Please see Addendum 2 for the response.

Question 36

Posted: 4/7/2023

Question: Please provide the location of the primary clarifier effluent channel called out on drawing C-004 note 4. Is this a bypass operation the contractor will need to provide? If so what is the flow and duration for this?

Response: Please see Addendum 2 for the response.

Question 37

Posted: 4/7/2023

Question: On drawing C-004, of the Early Work drawings, what will be the invert out elevation of the manhole “being provided by others” to the Potomac Interceptor?”

Response: Please see Addendum 2 for the response.

Question 38

Posted: 4/7/2023

Question: What are the current sludge and chemical truck routings on and off the plant?

Response: Please see Addendum 2 for the response.

Question 39

Posted: 4/13/2023

Question: Reference RFP Section A6.1.2.13. Please clarify the project site security requirements. Will the contractor be responsible for supplying a security guard?

Response: Please see Addendum 2 for the response.

Question 40

Posted: 4/13/2023

Question: The "1951 plant expansion - SSTs, digester" drawing set issued with the RFP is illegible. Please provide this set of drawings in a readable format, possibly photographed or using a different scanning method.

Response: Please see Addendum 2 for the response.

Question 41

Posted: 4/13/2023

Question: Drawing ZB-4 in the V1G. 72-47-S Biological Sludge Process Building set shows an Acid tank, three (3) FeCl3 tanks and a Polymer tank at Level 18. The Arlington Re-Gen Facilities Plan - Vol. 1 - Redacted states that two (2) of the FeCl3 tanks are abandoned. Are there any residual chemicals remaining in any tanks or containment vessels that will need to be removed and disposed of prior to demolition?

Response: Please see Addendum 2 for the response.

Question 42

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 23 – Failure to Deliver. There is no cure period noted in the Failure to Deliver section, industry standard. For a collaborative delivery project such as this, it is standard to include a cure period similar to those time periods described in Section 24. Please update Section 23.

Response: Please see Addendum 2 for the response.

Question 43

Posted: 4/13/2023

Question: "Reference Contract Terms and Conditions, Section 24 - Unsatisfactory Work. The only option is to remove / replace unsatisfactory work. We request the inclusion to remove / repair unsatisfactory work to comply with IFC drawings. We also request that the cure language be modified in line with industry standard language to include “cure or commence to be cured within XX days”.

Response: Please see Addendum 2 for the response.

Question 44

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 26 - Termination for Cause. The terms “satisfactory” and “unsatisfactory” are utilized but are not defined in the contract terms and conditions. We suggest the Termination for Cause section include “material breach”, an industry standard term, in place of the satisfactory and unsatisfactory terms currently used.

Response: Please see Addendum 2 for the response.

Question 45

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 26 - Termination for Convenience. Section states “The Contractor may be entitled to termination costs, as defined above…” There is no definition of termination costs. Please provide.

Response: Please see Addendum 2 for the response.

Question 46

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 27 - Indemnification. The indemnification language as written is overly broad and puts an unreasonable amount of risk on the Design-Builder. “Arising out of or in any way connected with the Contractors acts or omissions” are actions that are beyond the control of the Design Builder. We request the indemnification language be modified to similar EJCDC or DBIA indemnification language.

Response: Please see Addendum 2 for the response.

Question 47

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions Section 28 – Environmental Services Indemnification. The indemnification language as written is overly broad and puts an undeterminable amount of risk on the Design-Builder which in turn will add cost in the project cost of work. We request that the Indemnification language be modified to similar EJCDC or DBIA indemnification language.

Response: Please see Addendum 2 for the response.

Question 48

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions Section 44 – Dispute Resolution. The paragraph includes the statement “all claims…must be submitted to the Project Officer as soon as the basis for the claim arises.” As some potential claims may take an amount of time greater than 15 days to prepare and understand the entire scope of the claim we request similar language that would include “notification of potential claims within 7 days - final time and price impacts provided as soon as the basis for the claim is completed.

Response: Please see Addendum 2 for the response.

Question 49

Posted: 4/13/2023

Question: The General Conditions include conflicts regarding project schedule float. Please confirm the reference to project schedule float project as written in Section 01 32 16 “Construction Progress Schedule”, which states in part, "float belongs to the Project and may be used by either party" is correct.

Response: Please see Addendum 2 for the response.

Question 50

Posted: 4/13/2023

Question: Reference E-5 Hazardous Waste. The specification references Contractor as “waste generator” and county and Contractor as “co-generators”. A Contractor cannot accept either of these terms for wastes that they have neither created nor uncovered as existing on the County’s site. We can perform abatement coordinated with the project documents but the County (Owner of the Existing Waste Condition) must accept “Waste Generator” status. Please revise section.

Response: Please see Addendum 2 for the response.

Question 51

Posted: 4/13/2023

Question: Reference D.5 Warranty & F.5 – Use of Completed Portions. The specifications do not address warranties/insurance for portions of the work that may be utilized as “completed portions”. Industry standard is to include a beneficial use or similar definition that includes start of warranties, insurance requirements, etc related to portions of the work that are completed and put into operation by the County. Please consider including similar language to address County’s use of completed portions.

Response: Please see Addendum 2 for the response.

Question 52

Posted: 4/13/2023

Question: Reference G.7 – Damages for Delay; Extension of Time Other than for Weather. The Contractor can get time and money for delays by County and its agents but only if the delay is “unreasonable.” The term “unreasonable” is not defined and this section as written is close to a no damage for delay. We suggest removing the term “unreasonable” delay and include similar language as EJCDC documents as they relate to Damage for Delay.

Response: Please see Addendum 2 for the response.

Question 53

Posted: 4/13/2023

Question: "Reference Spec. 01 52 11 2.1. Please clarify the following regarding office trailers for the PDB and the Program Manager: 1) Will the location of the existing trailers near the South Fern Street entrance be available? 2) Who owns the existing trailers and will they be removed or shall the PDB plan to remove them? 3) Please confirm that there is existing power, water and sewer connections at this location. "

Response: Please see Addendum 2 for the response.

Question 54

Posted: 4/19/2023

Question: The boring location map in B2C. 22230023.00 - WPCP SOE Exploration GDR, page 15, Figure A1, shows the anticipated SOE needed for the Bio-Solids Upgrade project. The report, section 1.0 list the length of SOE at 150-LF but Figure A1 shows SOE at approximately 209-LF. It is anticipated that a single SOE install, such as shown, would encompass both the demolition work for the existing Biological Solids Processing Building and the new work for the Main Project. Please confirm if that is the intent of Figure A1.

Response: Please see Addendum 3 for the response.

Question 55

Posted: 4/19/2023

Question: Drawing C-002 of the Early Work Drawings shows an existing 18" storm drain and manhole located between Digester #2 and the Biological Solids Processing Building. With the demolition of these structures and the anticipated new structure construction, this storm drain piping and manhole will need to be relocated. Please provide existing rim elevations and inner elevations for both upstream and downstream structures.

Response: Please see Addendum 3 for the response.

Question 56

Posted: 4/19/2023

Question: Reference Contract Terms and Conditions, Section 30 – Copyright. The transfer of copyright to the County would provide the County broad rights to re-use copyrightable works. We request the addition of language clarifying that use without the Design-Builder’s involvement on other projects or for completion, extension or expansion of the project be at the sole risk of the County.

Response: Please see Addendum 3 for the response.

Question 57

Posted: 4/19/2023

Question: Reference Contract Terms and Conditions, Section 31 – Ownership of Work Product. This language would require the Design-Builder and subcontractors to delete its electronic project records upon the County’s request. We request the requirement to delete electronic files be removed from the contract in order to allow the design-build team’s normal records archiving process for insurance and liability purposes.

Response: Please see Addendum 3 for the response.

Question 58

Posted: 4/19/2023

Question: The General Conditions are not specifically tailored for design-build and do not distinguish design subcontractors from construction subcontractors. Additional compensation provisions restricting subcontractor overhead and profit to 15% should not include design subcontractors, whose overhead and profit differs from construction contractors given the differing nature of the services. We request a special provision allowing for design team negotiated hourly rates be applied for additional compensation requests for the design and other professional subcontractors. See G(4)(e), G(5) and G(7)(b).

Response: Please see Addendum 3 for the response.

Question 59

Posted: 4/19/2023

Question: Reference 2.1.4 requiring professional liability insurance “with per claim and aggregate limits of no less than $5,000,000 per occurrence.” Claims and occurrence policies are two different forms of coverage, and professional liability is written on a claims made basis. We request deletion of “per occurrence” for clarity.

Response: Please see Addendum 3 for the response.

Question 60

Posted: 4/24/2023

Question: Early work demolition will require a significant amount of truck traffic to enter the plant. Does the Owner have a preference on whether traffic enters from South Fern Street or South Eade Street? It appears that the entrance gate coming off South Eade Street (which is closer to the work) is un-manned. Is the contractor required to provide a security guard and/or a guard shack at this gate if it is to be utilized during normal working hours?

Response: Please see Addendum 3 for the response.

Question 61

Posted: 4/24/2023

Question: Please confirm that the industry standard DBIA 620 Performance bond and DBIA 625 Payment Bond forms for Design-Build Projects can be used. If DBIA forms are unacceptable, please provide the Payment and Performance bond forms to be used for the project.

Response: Please see Addendum 3 for the response.

Question 62

Posted: 4/24/2023

Question: Please confirm that the limits of insurance for general liability, auto liability and employer’s liability can be achieved through a combination of primary and excess insurance policies.

Response: Please see Addendum 3 for the response.

Question 63

Posted: 4/24/2023

Question: Insurance Requirements Section VII. 2.1.6 Contractor’s Pollution Liability indicates policy limits shall be “dedicated to work performed under this Contract only”. This requirement will result in needing a project specific policy that will add additional cost to the project. Utilizing a corporate policy that Design-Builder likely already has will reduce this additional expense. Please confirm the Owner wants a project specific policy. Please also confirm that the project specific policy will be required at the Early Work Construction Implementation Stage.

Response: Please see Addendum 3 for the response.

Question 64

Posted: 4/24/2023

Question: The RFP Article 56 Insurance, Payment and Performance Bonds states “in the event the Contractor is insured with limits in excess of those specified in the Exhibit H, the Contractor’s said obligation shall extend up to but not exceed the limits of the insurance.” Please delete this requirement. Design-Builder is pricing the project based on the limits required in the RFP and not based on higher limits it may maintain in its corporate insurance program. This requirement could add significant cost to the project for Design-Builder to price to its corporate limits.

Response: Please see Addendum 3 for the response.

Question 65

Posted: 4/24/2023

Question: Section VII.14 & 15 Insurance Requirements states Professional liability and Misc E&O Professional Liability shall be maintained at a limit of $5M per occurrence/claim. Please confirm that this requirement also applies in the aggregate ($5M per occurrence / $5M aggregate).

Response: Please see Addendum 3 for the response.

Question 66

Posted: 4/24/2023

Question: Section VII.10. Insurance Requirements states that contractual liability must be evidenced on the certificate of insurance with separate limits of $2M occurrence / $5M aggregate. Current insurance policies do not contain a separate limit for contractual liability, it is included within the general policy limits. Please confirm this meets the requirement as long as policy limits of $2M occurrence / $5M aggregate are evidenced.

Response: Please see Addendum 3 for the response.

Posted: 3/10/2023

Type of Addition: Addendum 1

Overview: Please see Addendum 1 for information related to the Preproposal Conference, site visit sign-in sheets, and the County's answers to questions received.

Documents:

Posted: 4/20/2023

Type of Addition: Addendum 2

Overview: Please see Addendum 2 for the County's responses to questions received and additional attachments provided

Documents:

Posted: 4/26/2023

Type of Addition: Addendum 3

Overview: Please see Addendum 3 for the County's responses to questions received and an additional attachment provided.

Documents:

Posted: 5/8/2023

Type of Addition: In Review

Posted: 1/20/2024

Type of Addition: Award Information

Documents:

Posted: 3/7/2023

Question: Please clarify specific submittal requirements for Proposal Submittal Elements described in Section 8.C on RFP page 60. Section C states that compliance will be verified against the Offeror’s excepts to the draft Terms and Conditions (to be submitted in response to Section D). What are Proposers required to submit to address this item?

Response: Please see Addendum 1 for the response.

Posted: 3/7/2023

Question: Early Works Cost Proposal. The Cost Proposal indicates that the cost proposal for the Early Work Construction Implementation Stage constitutes a firm, not-to-exceed price. The Scope of Work included in the RFP also indicates that the Contractor is to execute Design Implementation for and negotiation of an Early Work GMP. Based on the Preliminary nature of the Early Work Drawings and Specifications included in RFP Attachment B2A, and the opportunity for the scope to evolve based on additional information resulting from the Design Confirmation process it will be challenging to prepare firm pricing for a construction scope that has limited definition. Is the intent that the Early Work Cost Proposal will serve as the basis for GMP negotiation, similar to the Main Project Construction Implementation cost proposal? If not, we respectfully request an opportunity to visit the site with potential subcontractors and/or the ability to include assumptions with our cost proposal that form the basis for our firm, not-to-exceed price.

Response: Please see Addendum 1 for the response.

Posted: 3/7/2023

Question: General Conditions Fee. - Please clarify assumed duration as well as assumed Cost of Work value, to serve as the basis for the Early Work General Conditions Fee. - Please confirm that Main Project General Conditions fee is to be based on an assumed Cost of Work of $110 million. - Startup and Commissioning Planning is identified as part of the General Conditions Fee. The planning for startup and commissioning of the intended improvements is especially complex, and critical to project success. We suggest including startup and commissioning planning as part of Cost of Work, rather than General Conditions, to ensure Proposers devote the appropriate attention to this critical activity, and allow Arlington staff to actively participate at the level desired by the County. Alternatively, to ensure consistent pricing between Proposers, suggest a detailed scope of work be provided for this activity.

Response: Please see Addendum 1 for the response.

Posted: 4/7/2023

Question: Does the owner have any spec requirements for the SL and RSL lines shown on C-04? We are assuming class 350 pipe with epoxy lining for these services with C153 MJ fittings with megalugs.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: What is the pipe material for the 16" CENT line on C-004? We assume C905 with PVC fittings or MJ with megalug fittings are acceptable.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: It is not clear what work needs to be done to the exisitng blend tank No. 3 to allow for a new 24" manway and level transducer. 1) Please confirm the scope of this work is only installing a new bolt on 24" manway cover and tapped flange for level transducer. We assume no FRP modifications are required to the tank for this work. 2) Please confirm that the there are no requirements to re-test or re-certify the tank upon completion of the modifications.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Will the existing fire protection system need to be re-tested after the Vic cap is installed?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: The RFP references a 150 day period for Design Confirmation along with a potential for an additional 60 days at the owners discretion. Please advise how the Offeror is to price the additional 60 days or not for the basis of the pricing of design confirmation.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Spec 43 23 57 provides a 10 gpm flow and maximum 500 RPM. Please provide the discharge pressure/ head the pump will see.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Spec 43 23 57 calls out a stuffing box gland and latern ring, is a packed pump required or are mechanical seals acceptable?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Spec 43 23 57 call for a AISI 316 SS pump body. Is this requirement only for wetted parts or does the entire pump need to meet this requirement?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Please provide a MSDS for the polymer solution including viscosity, % solution, specific gravity, and PH.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Does the polymer transfer pumps need to be full service-in-place (CIP) capable?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section II Information to Offerors- Articles 19A & 19B indicate that a Bond in the amount of 100% of the Guaranteed Maximum Price (GMP) will be required of the successful Offeror as a condition of Contract Award to ensure satisfactory completion of he work. a. Please clarify when these bonds are to be delivered and what Phase they are to cover, i.e. Phase 1 – Design Confirmation Phase, Phase 2 Implementation Phase (Early Work Design Implementation Stage, Design Implementation Stage (Pre-Construction Services) and Construction Implementation Stage). b. Please clarify if the value is to be based upon the buildup presented in Attachment A – Cost Proposal, which is based upon a Cost of Work value of $110,000.00 and 30-month construction duration and identified as the offerors preliminary cost proposal or if it should be based upon the Final Costs to be negotiated with the Offeror.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A2.2 4d. “The Contractor shall identify asset management and data requirements.” Please confirm that input from the County will be provided to identify current asset management software systems and data fields being collected by the County.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The proposal form for COST OF WORK provides the offeror instruction and the opportunity to “modify this template to provide your firm’s preliminary cost proposal”. a. Please confirm it is acceptable to add line items to the cost proposal to align with the project delivery obligations. b. Would this be the location where qualifications, assumptions and/or clarifications to the cost values should be provided?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The paragraph in italics under COST OF WORK states: “The Offeror acknowledges and understands that the cost proposal for the Design and Early Work Construction Implementation Stages will constitute a firm, not-to-exceed price and that the final Guaranteed Maximum Price will be negotiated between the parties per the terms of the Agreement”. a. Please confirm the “Design” stage referenced is to include both Design Confirmation as well as Design Implementation Stages.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form requests pricing on Design Services to 100%. However, the final Dewatering Building Option (Re-use or New) is not known yet. Should the Offeror insert the value for what they believe will be the higher design effort?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form requests pricing on the Demolition of Abandoned Facilities, excluding Hazardous Materials Abatement. Since Offerors have been precluded from entering this building to do a detailed evaluation and only have record drawings available, would this be better presented by the County as an Allowance. With an Allowance established, Offerors once under Contract would seek proposals from qualified demolition and abatement subcontractors.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form COST OF WORK, under the category of Main Project Construction provides a pre-entered value of $110,000,000.00 with a note that this is an assumed value. Under this category there is also an entry for a value of 30 months for a construction duration. Please confirm should either of these values change, will the offeror be permitted to change the values of the GC fee and or DB fee.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. Please clarify or confirm the following: The Proposal Form for GENERAL CONDITIONS FEE, has an Item for Early Work General Conditions and is requesting values for various GC cost elements. The majority of the cost elements are significantly influenced by the duration of the Early Work period which has not been provided. This period will be dependent on the duration of the overall demolition and the Hazardous Materials Abatement effort, the latter of which is unknown and was excluded form the Early Work Construction cost. Ultimately the duration will not be determined until the Abatement subcontractor can access the building and evaluate the scope of work. Accordingly, any values provided without the knowledge of overall duration would be of limited value. We would recommend that the County establish a fixed duration for this construction period so that all offerors are aligned with assumptions. This is similar to the duration provided for the Main Project Construction Cost of Work and General Conditions fee.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A5.1.2.1 Schematic Design Package Minimum Requirements. Under Article A5.1.2.1 7 Identifies Special Studies to be performed under this Design Implementation Stage. We note that these studies have not been included in the Early Work Design Implementation Stage. Please clarify that both the Noise Study and the Vibration Study are to be completed as a predecessor to starting Early Work Construction and that the guidance provided are to be implemented as part of the Early Work Construction Stage.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1 Compensation. This Article indicates that “The Contractor’s sole compensation for the Work shall be the Design-Build Fee, General Conditions Fee, and reimbursement for the Cost of the Work.” Essentially, no markup of subcontractors or suppliers will be allowed. Further, 6.1.1 5. States that “Self-performed work is not to be considered subcontracted work.” Please clarify that the Contractor (Offeror) executing “self-performed” work can apply OH&P markups to work as part of their offering for the work package similar to a subcontractor performing the same work.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1.2 General Condition Fee. This Article lists numerous General Condition Cost elements. Please confirm which of the cost elements on this listing is to be included in Early Work Construction Implementation Stage. As an example, should cost be carried for the Project groundbreaking and ribbon cutting ceremonies.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section III Scope of Work- Article A6.1.3 Non-Reimbursable Costs. Under part 5. “Costs due to the errors or omissions of the Contractor or subcontractors or suppliers at all tiers, negligent or otherwise” are not reimbursable. Also noted under Exhibit E Guaranteed Maximum Price, Article 7. Contingency (page 88), the use of contingency is limited to costs associated with Market changes and unforeseen conditions. The limitation on the use of Contingency funds is contrary to current industry best practices. We recommend a broader use of the Contingency funds available to the Contractor. This may also prevent additional contingency amounts in the Design-Build Fee.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Section V Contract Terms and Conditions Article 7 Time for Completion lists a potential change in the duration of the Design Confirmation Phase from 150 calendar days to 210 calendar days at the sole discretion of the County. Please clarify how additional compensation will be provided should the duration increase or confirm that Offerors should assume the longer duration in their proposed fee.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. The cost proposal requests a fixed dollar amount for Design Build Fee. The Design Build Fee is typically derived from a percentage. Please confirm the Fee will be modified proportionally in the event of increases or decreases to the contract value.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP – Attachment A – Cost Proposal. The cost proposal requests a fixed dollar amount for fee. Please describe how the fee related to the Early Work package and or Design Confirmation/Implementation components will be applied to those portions of work.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Ref: RFP - Section A.6.1.4.3 Changes to the Design-Build Fee indicates that the Design-Build fee shall not be increased or decreased as a result of Change Orders unless such changes (i) extend the Period of Performance for Substantial Completion from that contemplated herein by more than 60 days; or (ii) the County makes additions to the scope of work that either individually or in the aggregate cause the GMP to increase Change Orders related to differing site conditions, hazardous material, or Project delays shall not be considered an increase in the scope of work for this calculation. As interpreted this prohibits the PDB from adding fee to change orders as contingency is utilized. Contingency is currently shown outside of the GMP total where the fee Design-Build fee is added. Please confirm that as contingency would be utilized the PDB would be allowed to add an agreed to percentage based fee to changes to ensure an equal comparison in the scoring of the cost portion of this RFP.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Spec 43 23 57 calls out Buna or a Nitrile stator. If the polymer is diluted to 0.5% and is not Neat this would acceptable material. Is Viton/ FKM elastomer stators acceptable.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Is the transfer pump to have a new control panel provided by the pump manufacturer or is the existing controls to be modified for control? It's not clear from drawing I-002 if the polymer transfer pump starter panel is existing or is the panel being modified per notes 5 and 6 on I-002.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Reference IV. Proposal Requirements, 1. General. It is noted the proposal must be formatted for 8.5"x11" paper. Can 11"x17" paper be used on a limited basis to present graphical information? If so, how many 11x17s will be permitted? Will they count as one or two pages towards the page count?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Does the Early Work Package need to comply with any AIS, BABA or Buy American requirements?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Please confirm the Contractor is not responsible for the furnish of any chemicals for initial fill, startup, and testing consumption.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Please confirm the Owner will drain down and clean chemical tank #3.

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: Please provide the location of the primary clarifier effluent channel called out on drawing C-004 note 4. Is this a bypass operation the contractor will need to provide? If so what is the flow and duration for this?

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: On drawing C-004, of the Early Work drawings, what will be the invert out elevation of the manhole “being provided by others” to the Potomac Interceptor?”

Response: Please see Addendum 2 for the response.

Posted: 4/7/2023

Question: What are the current sludge and chemical truck routings on and off the plant?

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference RFP Section A6.1.2.13. Please clarify the project site security requirements. Will the contractor be responsible for supplying a security guard?

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: The "1951 plant expansion - SSTs, digester" drawing set issued with the RFP is illegible. Please provide this set of drawings in a readable format, possibly photographed or using a different scanning method.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Drawing ZB-4 in the V1G. 72-47-S Biological Sludge Process Building set shows an Acid tank, three (3) FeCl3 tanks and a Polymer tank at Level 18. The Arlington Re-Gen Facilities Plan - Vol. 1 - Redacted states that two (2) of the FeCl3 tanks are abandoned. Are there any residual chemicals remaining in any tanks or containment vessels that will need to be removed and disposed of prior to demolition?

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 23 – Failure to Deliver. There is no cure period noted in the Failure to Deliver section, industry standard. For a collaborative delivery project such as this, it is standard to include a cure period similar to those time periods described in Section 24. Please update Section 23.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: "Reference Contract Terms and Conditions, Section 24 - Unsatisfactory Work. The only option is to remove / replace unsatisfactory work. We request the inclusion to remove / repair unsatisfactory work to comply with IFC drawings. We also request that the cure language be modified in line with industry standard language to include “cure or commence to be cured within XX days”.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 26 - Termination for Cause. The terms “satisfactory” and “unsatisfactory” are utilized but are not defined in the contract terms and conditions. We suggest the Termination for Cause section include “material breach”, an industry standard term, in place of the satisfactory and unsatisfactory terms currently used.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 26 - Termination for Convenience. Section states “The Contractor may be entitled to termination costs, as defined above…” There is no definition of termination costs. Please provide.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions, Section 27 - Indemnification. The indemnification language as written is overly broad and puts an unreasonable amount of risk on the Design-Builder. “Arising out of or in any way connected with the Contractors acts or omissions” are actions that are beyond the control of the Design Builder. We request the indemnification language be modified to similar EJCDC or DBIA indemnification language.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions Section 28 – Environmental Services Indemnification. The indemnification language as written is overly broad and puts an undeterminable amount of risk on the Design-Builder which in turn will add cost in the project cost of work. We request that the Indemnification language be modified to similar EJCDC or DBIA indemnification language.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference Contract Terms and Conditions Section 44 – Dispute Resolution. The paragraph includes the statement “all claims…must be submitted to the Project Officer as soon as the basis for the claim arises.” As some potential claims may take an amount of time greater than 15 days to prepare and understand the entire scope of the claim we request similar language that would include “notification of potential claims within 7 days - final time and price impacts provided as soon as the basis for the claim is completed.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: The General Conditions include conflicts regarding project schedule float. Please confirm the reference to project schedule float project as written in Section 01 32 16 “Construction Progress Schedule”, which states in part, "float belongs to the Project and may be used by either party" is correct.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference E-5 Hazardous Waste. The specification references Contractor as “waste generator” and county and Contractor as “co-generators”. A Contractor cannot accept either of these terms for wastes that they have neither created nor uncovered as existing on the County’s site. We can perform abatement coordinated with the project documents but the County (Owner of the Existing Waste Condition) must accept “Waste Generator” status. Please revise section.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference D.5 Warranty & F.5 – Use of Completed Portions. The specifications do not address warranties/insurance for portions of the work that may be utilized as “completed portions”. Industry standard is to include a beneficial use or similar definition that includes start of warranties, insurance requirements, etc related to portions of the work that are completed and put into operation by the County. Please consider including similar language to address County’s use of completed portions.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: Reference G.7 – Damages for Delay; Extension of Time Other than for Weather. The Contractor can get time and money for delays by County and its agents but only if the delay is “unreasonable.” The term “unreasonable” is not defined and this section as written is close to a no damage for delay. We suggest removing the term “unreasonable” delay and include similar language as EJCDC documents as they relate to Damage for Delay.

Response: Please see Addendum 2 for the response.

Posted: 4/13/2023

Question: "Reference Spec. 01 52 11 2.1. Please clarify the following regarding office trailers for the PDB and the Program Manager: 1) Will the location of the existing trailers near the South Fern Street entrance be available? 2) Who owns the existing trailers and will they be removed or shall the PDB plan to remove them? 3) Please confirm that there is existing power, water and sewer connections at this location. "

Response: Please see Addendum 2 for the response.

Posted: 4/19/2023

Question: The boring location map in B2C. 22230023.00 - WPCP SOE Exploration GDR, page 15, Figure A1, shows the anticipated SOE needed for the Bio-Solids Upgrade project. The report, section 1.0 list the length of SOE at 150-LF but Figure A1 shows SOE at approximately 209-LF. It is anticipated that a single SOE install, such as shown, would encompass both the demolition work for the existing Biological Solids Processing Building and the new work for the Main Project. Please confirm if that is the intent of Figure A1.

Response: Please see Addendum 3 for the response.

Posted: 4/19/2023

Question: Drawing C-002 of the Early Work Drawings shows an existing 18" storm drain and manhole located between Digester #2 and the Biological Solids Processing Building. With the demolition of these structures and the anticipated new structure construction, this storm drain piping and manhole will need to be relocated. Please provide existing rim elevations and inner elevations for both upstream and downstream structures.

Response: Please see Addendum 3 for the response.

Posted: 4/19/2023

Question: Reference Contract Terms and Conditions, Section 30 – Copyright. The transfer of copyright to the County would provide the County broad rights to re-use copyrightable works. We request the addition of language clarifying that use without the Design-Builder’s involvement on other projects or for completion, extension or expansion of the project be at the sole risk of the County.

Response: Please see Addendum 3 for the response.

Posted: 4/19/2023

Question: Reference Contract Terms and Conditions, Section 31 – Ownership of Work Product. This language would require the Design-Builder and subcontractors to delete its electronic project records upon the County’s request. We request the requirement to delete electronic files be removed from the contract in order to allow the design-build team’s normal records archiving process for insurance and liability purposes.

Response: Please see Addendum 3 for the response.

Posted: 4/19/2023

Question: The General Conditions are not specifically tailored for design-build and do not distinguish design subcontractors from construction subcontractors. Additional compensation provisions restricting subcontractor overhead and profit to 15% should not include design subcontractors, whose overhead and profit differs from construction contractors given the differing nature of the services. We request a special provision allowing for design team negotiated hourly rates be applied for additional compensation requests for the design and other professional subcontractors. See G(4)(e), G(5) and G(7)(b).

Response: Please see Addendum 3 for the response.

Posted: 4/19/2023

Question: Reference 2.1.4 requiring professional liability insurance “with per claim and aggregate limits of no less than $5,000,000 per occurrence.” Claims and occurrence policies are two different forms of coverage, and professional liability is written on a claims made basis. We request deletion of “per occurrence” for clarity.

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Early work demolition will require a significant amount of truck traffic to enter the plant. Does the Owner have a preference on whether traffic enters from South Fern Street or South Eade Street? It appears that the entrance gate coming off South Eade Street (which is closer to the work) is un-manned. Is the contractor required to provide a security guard and/or a guard shack at this gate if it is to be utilized during normal working hours?

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Please confirm that the industry standard DBIA 620 Performance bond and DBIA 625 Payment Bond forms for Design-Build Projects can be used. If DBIA forms are unacceptable, please provide the Payment and Performance bond forms to be used for the project.

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Please confirm that the limits of insurance for general liability, auto liability and employer’s liability can be achieved through a combination of primary and excess insurance policies.

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Insurance Requirements Section VII. 2.1.6 Contractor’s Pollution Liability indicates policy limits shall be “dedicated to work performed under this Contract only”. This requirement will result in needing a project specific policy that will add additional cost to the project. Utilizing a corporate policy that Design-Builder likely already has will reduce this additional expense. Please confirm the Owner wants a project specific policy. Please also confirm that the project specific policy will be required at the Early Work Construction Implementation Stage.

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: The RFP Article 56 Insurance, Payment and Performance Bonds states “in the event the Contractor is insured with limits in excess of those specified in the Exhibit H, the Contractor’s said obligation shall extend up to but not exceed the limits of the insurance.” Please delete this requirement. Design-Builder is pricing the project based on the limits required in the RFP and not based on higher limits it may maintain in its corporate insurance program. This requirement could add significant cost to the project for Design-Builder to price to its corporate limits.

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Section VII.14 & 15 Insurance Requirements states Professional liability and Misc E&O Professional Liability shall be maintained at a limit of $5M per occurrence/claim. Please confirm that this requirement also applies in the aggregate ($5M per occurrence / $5M aggregate).

Response: Please see Addendum 3 for the response.

Posted: 4/24/2023

Question: Section VII.10. Insurance Requirements states that contractual liability must be evidenced on the certificate of insurance with separate limits of $2M occurrence / $5M aggregate. Current insurance policies do not contain a separate limit for contractual liability, it is included within the general policy limits. Please confirm this meets the requirement as long as policy limits of $2M occurrence / $5M aggregate are evidenced.

Response: Please see Addendum 3 for the response.