UPPER OCCOQUAN SERVICE AUTHORITY REQUEST FOR DESIGN-BUILD PROPOSAL S FOR IMPROVEMENTS TO BUILDING H/1, CONTRACT H/1

Transcription

1 UPPER OCCOQUAN SERVICE AUTHORITY REQUEST FOR DESIGN-BUILD PROPOSAL S FOR IMPROVEMENTS TO BUILDING H/1, CONTRACT H/1 Capital Improvements Section: John W. Airhart, Manager, Capital Improvements Section Compton Road Centreville, Virginia Tel Fax ContractH1@uosa.org Web Site: Date Issued: October 14, 2011 Pre-Proposal Conference 10:00 a.m., October 28, 2011 Deadline For Questions: 4:00 p.m., December 5, 2011 Proposals Must be Received On Or Before: 2:00 p.m., December 14, 2011

2 RFP # OM-01 1 BACKGROUND INFORMATION Introduction Definitions Proposal Preparation and Review Costs Freedom of Information Act Solicitation Schedule PROJECT DESCRIPTION Objective and Summary Requirements Scope of the Project Contract Documents DETAIL PHASE - SUBMISSION OF TECHNICAL PROPOSALS General Questions and Communications Pre-Proposal Conference Examination of the Site Addenda to the RFP Instructions for Submitting Technical Proposals Proposal Organization Proposal Contents EVALUATION OF TECHNICAL PROPOSALS Evaluation Committee Review of the Technical Proposals Qualifying and Evaluating Technical Proposals Acceptance or Rejection of Technical Proposals NEGOTIATION AND AWARD PROCUREMENT STANDARD TERMS AND CONDITIONS Cancellation Compliance with Laws Debarment Status Governing Law Incorporation by Reference Tax Exemption ATTACHMENT A... Technical Requirements ATTACHMENT B... Hazardous Materials Surveys ATTACHMENT C... Transmittal Form ATTACHMENT D... References ATTACHMENT E... Acknowledgement of Performance Guarantee i

3 1 BACKGROUND INFORMATION 1.1 Introduction The Upper Occoquan Sewage Authority (UOSA), also doing business as Upper Occoquan Service Authority, is a public body politic and corporate organized under the Virginia Water and Waste Authorities Act. UOSA was created by the concurrent actions of its member jurisdictions and chartered by the State Corporation Commission of Virginia on April 1, The member jurisdictions include the Counties of Fairfax and Prince William and the Cities of Manassas and Manassas Park. UOSA is located in Fairfax County and currently employs approximately 180 individuals. UOSA currently owns and operates an advanced water reclamation plant with a permitted capacity of 54 million gallons per day ( mgd ) and a regional system of interceptor sewer lines, pump stations and force mains that deliver wastewater from the four member jurisdictions to the treatment plant. UOSA discharges its effluent into the drinking water supply for a portion of northern Virginia. As a result, its operations are subject to extremely high treatment standards and requirements established and enforced by the Virginia Department of Environmental Quality ( DEQ ). If UOSA s effluent does not meet the DEQ s discharge requirements, it is subject to sanctions and other forms of discipline from the DEQ. These treatment standards are so high because effluent which does not meet these standards creates an expectation of damage to the Occoquan Reservoir. UOSA desires to issue a contract to a qualified Design-Builder under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) to design and construct the Improvements to Building H/1, Contract H/1 (hereinafter referred to as Project.) This RFP is for selection of a Design-Builder, and is issued in accordance with UOSA s PPEA Model Procedures (see UOSA web site for the Model Procedures). This RFP invites written Technical Proposals to provide immediate services necessary for the design, pre-construction services, permitting, construction, testing, commissioning, and postconstruction services for the Project, anticipated to be conducted in two Stages: 1. Stage 1: Preliminary Design and Pre-construction Services. 2. Stage 2: Final Design, Construction, Construction Services and Post-construction Services, or some combination thereof. It is anticipated that one of the qualified Offerors will be retained for all Stages of the Project as a result of this solicitation. However, UOSA is under no obligation to Award this Project to any Offeror, nor is it under obligation to proceed to Stage 2 following completion of the Stage 1 services. UOSA also has the right to split Stage 2 into two parts, and either award only the Final Design to the same entity to whom it awards Stage 1 and award the construction portion of Stage 2 to a different entity, or award any or all of Stage 2 to a different entity. For purposes of this solicitation, the Offeror retained for these services is referred to as the Contractor. Page 1 of 19

4 1.2 Definitions Terms used in this solicitation, which are defined in the Contract Documents, have the meanings assigned to them therein. 1.3 Proposal Preparation and Review Costs A. Each Offeror is responsible for all costs associated with preparation and submittal of its Proposal. B. No proposal review fee will be required for this solicitation. 1.4 Freedom of Information Act As set forth in UOSA s PPEA Model Procedures, all Technical Proposals and related documents submitted by Offerors in connection with this solicitation are subject to the Virginia Freedom of Information Act. It is the responsibility of the Offeror to comply with the PPEA with respect to any information contained in the Technical Proposal which the Offeror seeks to have designated as confidential and proprietary. 1.5 Solicitation Schedule The anticipated solicitation schedule is presented below, but is subject to change. Pre-Proposal Conference and Site visit: 10/28/2011, approximately 15 days after issuance of the RFP. Deadline for Questions on RFP: As set forth above, but expected to be approximately 10 days prior to the date Proposals are due. Technical and Cost Proposals due: As set forth above, but expected to be approximately 60 days after issuance of the RFP. Anticipated to be held on the third (3 rd ) Thursday UOSA Public Hearing: of the month after Technical and Cost proposals are received. Notification of selected Offeror: As set forth above, but expected to be approximately 45 days after receipt of Technical and Cost Proposals. Award of Comprehensive Agreement for Stage 1 Services: As set forth above, but expected to be approximately 35 days after the Public Hearing. 60% Design and GMP Due: As set forth in the signed Comprehensive Agreement, but expected to be approximately 180 days after signing of the Comprehensive Agreement. Award of Amendment for Stage 2 Services: As set forth in the signed Comprehensive Agreement, but expected to be approximately 20 days after acceptance and finalization by the Owner of the DB Work Proposal. End Section 1 Page 2 of 19

5 2 PROJECT DESCRIPTION 2.1 Objective and Summary Requirements Solids Handling Building H/1 was constructed in the late-1970s. It is a multiple story, steelframe structure with exterior precast concrete panels, and an original built-up roof that has been topped with a membrane. As the UOSA Regional Water Reclamation Plant (RWCP) expanded over the years, the building has undergone renovations which have included the addition of a truck bay and modifications and or replacement of existing mechanical systems, fire protection systems, instrumentation and control (I&C) components, and electrical components. The building houses equipment for several different processes, including process equipment for the storage, transfer, and dewatering of lime solids and organic solids, a ferric chloride storage tank, a concentrated acid tank and dilute acid tank, associated chemical transfer pumps used in the lime solids and organic solids dewatering process, three lime storage silos, lime slaking equipment and lime slurry pumps, carbon storage and transfer equipment, carbon regeneration furnaces, air compressors, and associated electrical equipment. As the facility continued operations over the years, the condition of the building and the equipment located within have deteriorated due to daily operations. Renovations are needed to bring office areas, restrooms, storage areas, workshops, equipment areas, the East stairwell, and mechanical/electrical room and systems into compliance with lifesafety and applicable building codes which have gone into effect after the areas initially were constructed and occupied. In addition, replacement of three Recessed Chamber Filter Presses, replacement of degraded piping, modifications to the existing floor drain system, concrete rehabilitation, and removal of two filtrate tanks are proposed with this project. The structure also houses the carbon regeneration furnace. The furnace and the furnace area are not included in this scope of work. The scope of the required renovations is described in the Technical Requirements titled Project Definition Report (Technical Requirements) for Improvements to UOSA Building H/1, July 2011, by CH2MHILL, and attached hereto as Attachment A. Prospective Offerors hereby are notified that lead-based paint, asbestos-containing materials and other hazardous materials are present in Building H/1. Asbestos investigations are documented in the report titled Asbestos Survey Report, UOSA, Building H/1, April 18, 2011, by HP Environmental, Inc., and attached hereto as Attachment B. Lead-based paint investigations are documented in the report titled Lead-Based Paint Survey Report, UOSA, Building H/1, April 18, 2011, by HP Environmental, Inc. and attached hereto as Attachment B. The Contractor shall perform abatement of all hazardous materials in accordance with all local, state, and federal laws and regulations. See DB General Conditions 97 HAZARDOUS MATERIALS. These reports are provided for information only and are not included in the Contract Documents. The Owner makes no representations, warranties or guaranties regarding the accuracy or completeness of any information contained in these or any other reports. Page 3 of 19

6 2.2 Scope of the Project The Contractor shall be capable of providing all services necessary for the design, construction, permitting, testing and commissioning of the Project. At the discretion of UOSA, such services may include any/all of the following: Preliminary Design and Final Design, pre-construction, construction document preparation, permitting activities, construction, commissioning, and postconstruction activities. It is anticipated that UOSA and the Contractor will execute a staged Comprehensive Agreement (including Design-Build (DB) General Conditions). UOSA may proceed to Stage 2 which would be authorized as an Amendment to the Comprehensive Agreement either in the form of the Design-Build Work Amendment or the Final Design Amendment. The Comprehensive Agreement, DB General Conditions, Supplemental Conditions, DB Work Amendment, and Final Design Amendment forms for this Project can be found at UOSA s web site (see cover page of this RFP). If there is any conflict between this RFP and such forms concerning the scope of the Project or the services of the Contractor, the RFP shall have priority. A general statement of what may be included in the Project s scope for Stage 1 and for Stage 2 is presented below. Stage 1 Preliminary Design and Preconstruction 1. Develop a design management plan that outlines the schedule for all design deliverables and workshops, and a quality assurance/quality control plan for the design deliverables. 2. Develop 30% and 60% design documents, including the site plan. The design work shall include all surveying, including topographical, archaeological, hazardous materials, and wetlands, and the oversight of geotechnical testing and the preparation of a geotechnical report. The Contractor may conduct exploratory excavations ( test pits ) or uncover concealed areas as necessary to ascertain the location of certain features and existing conditions, and shall locate all existing utilities in the area of the Project. 3. Develop a list of qualified process equipment and provide to the owner for selection with or before the 30% design review, to include but not limited to capital cost, life-cycle cost, expected service life, and a comparison of the performance requirements set forth in the Technical Requirements. 4. Include final process equipment, as accepted by the owner, and specifications into 60% design documents. 5. Provide detailed review of design documents by construction professionals. Make recommendations to the DB Engineer and UOSA regarding constructability, construction cost, sequence and duration of construction, construction methods, and impacts on facility operation. 6. Provide cost analyses of design alternatives as part of the ongoing design process. Such analyses shall include operation and/or life-cycle cost as appropriate. 7. Participate in design review workshops with UOSA at key design milestones, including 30% and 60% design workshops. Page 4 of 19

7 8. Participate in monthly progress review meetings. 9. Prepare and update, as necessary, a master schedule for the Project, to include both the design and construction stages of the Work. 10. Obtain necessary permits from state, local, and federal authorities having jurisdiction over the Project. 11. Prepare Project and construction budgets and provide updates to these budgets as the Work progresses. 12. Attend meetings with regulatory and review agencies, as required, to obtain required approvals and permits. 13. Prepare detailed construction cost estimates for the 30% and 60% design documents and a proposed Guaranteed Maximum Price (GMP) at the 60% design level. 14. Participate in meetings with UOSA to review and explain the 60% design documents and the proposed Guaranteed Maximum Price. Stage 2 Final Design/Construction/Commissioning (DB Work Amendment) The DB Work Amendment contemplated herein would be executed by the Contractor in the alternative to the Final Design Amendment described herein below. 1. Develop 90% and final permitting and construction documents, to include Site Plan(s), Construction Drawings, Specifications, and related documents for local permitting, and construction related activities. Final designs shall be signed and sealed by the designer of record registered in the Commonwealth of Virginia. 2. Participate in a 90% design workshop between UOSA, the Design Professional and Constructor. 3. Provide certain continuing services from Stage 1, such as additional design review, periodic progress meetings, permitting, and quality management of Final Design and construction. 4. Provide all labor, equipment, materials and incidentals to construct and commission the Project, including payment and performance bonds, abatement of lead, asbestos, and other hazardous materials in accordance with the Construction Drawings and Specifications approved by UOSA. Maintain a quality control/quality assurance program to assure UOSA that all services and Work will comply with the requirements of the Comprehensive Agreement, including all Amendments and that all construction will be performed in accordance with the Drawings and Specifications. Services and Work shall comply with all local, state and federal laws and regulations and be in accordance with the DB General Conditions. 5. Perform acceptance testing in accordance with the Comprehensive Agreement, as amended. Page 5 of 19

8 6. Provide Record Drawings and Operations and Maintenance manuals for the Owner s use at times specified by the Owner. 7. Obtain final permits from state, local, and federal authorities having jurisdiction over the Project. Stage 2 Final Design (Final Design Amendment) The Final Design Amendment contemplated herein would be executed by the Contractor in the alternative to the DB Work Amendment described hereinabove. 1. Develop final permitting and construction documents, to include Site Plan(s), Construction Drawings, Specifications, and related documents for local permitting, and construction related activities as well as periodic progress meetings and quality management of final design as may be necessary. Final documents shall be prepared and signed and sealed by registered professionals where applicable. 2.3 Contract Documents The form of the Comprehensive Agreement, the DB General Conditions, the DB Work Amendment and the Final Design Amendment are available on UOSA s website. If UOSA awards the Stage 1 Contract to an Offeror, the successful Offeror will enter into the Comprehensive Agreement including the DB General and Supplemental Conditions (and any subsequent Amendments as may be awarded) substantially in the form found on the UOSA website. End Section 2 Page 6 of 19

9 3 DETAIL PHASE - SUBMISSION OF TECHNICAL PROPOSALS 3.1 General The following general information shall be carefully followed by all Offerors to ensure that Technical Proposals are properly prepared and responsive to this RFP. A. A cover letter prepared on the Offeror s business stationery must accompany the Technical Proposal. B. Each Offeror shall furnish all information required by the RFP. The person signing the cover letter must initial erasures or other changes. Technical Proposals shall be accompanied by evidence of his or her authority to bind the Offeror to the terms and conditions of this solicitation and the Technical Proposal. C. UOSA reserves the right to conduct discussions with Offerors in any manner necessary to serve the best interest of UOSA. D. Since this is a solicited Proposal under the PPEA, no proposal review fee is required. E. UOSA will consider, in determining the qualifications of an Offeror, its record in the performance of any contract with any public bodies or corporations, and UOSA expressly reserves the right to reject the Technical Proposal of any Offeror if its record discloses that such Offeror, in the opinion and sole discretion of UOSA, has not properly performed such contracts or has without just cause neglected the payment of bills, or has otherwise disregarded its obligations to the contracting authorities, subcontractors, or employees. F. UOSA may make such investigation as UOSA deems necessary to determine the ability of the Offeror to perform the Stage 1 Preliminary Design, the Stage 2 Final Design, and the Stage 2 Construction, and the Offeror shall furnish UOSA all such information and data for this purpose as UOSA may reasonably request. Such information may include documentation regarding the Offeror s ability and experience relative to past performance of services or work of the general nature that may be required for the Project. 3.2 Questions and Communications All contact between Offerors and UOSA with respect to this solicitation will be formally held at scheduled meetings or shall be in writing through the Capital Improvements Section Manager identified on the cover page of this RFP. Questions concerning this solicitation are due by the deadline for questions shown on the cover page. Misinterpretation of the requirements of this solicitation shall not relieve the Offeror of failure to comply with the requirements of this RFP or the Contractor of responsibility to perform. Substantive questions shall be submitted in writing via mail, express mail, recognized commercial delivery service, , or fax to and received by the person listed on the cover page, by the deadline also specified on the cover page. Questions submitted or received after the deadline will not be answered. All properly submitted substantive questions will be responded to in writing, in the form of Addenda to the solicitation. Communications between prospective Offerors, their agents and/or representatives and any agent, employee or representative of UOSA other than as authorized herein, concerning this solicitation are prohibited. In any event and in all circumstances, unauthorized communications Page 7 of 19

10 cannot be relied upon and the responsiveness of the Technical Proposal shall be determined without reference to such unauthorized communications. 3.3 Pre-Proposal Conference UOSA will conduct a Pre-proposal Conference and site visit to give all potential Offerors an opportunity to collect necessary data and to seek answers to any questions which they may have concerning this procurement. UOSA will issue an Addendum resulting from any clarification noted at the Pre-proposal Conference and site visit; no oral statement made at the Pre-proposal Conference and site visit will be deemed to be a part of or a change to this solicitation. Attendance at this Conference is OPTIONAL. Failure to attend the Pre-proposal Conference and site visit will not prohibit Offerors from submitting Technical Proposals. However, it is recommended that potential Offerors attend the Optional Pre-proposal Conference and site visit, as submission of a Technical Proposal shall be deemed conclusive consent by the Offeror that it has no claim for misunderstandings or lack of information pertaining to the requirements of this solicitation. The Pre-proposal Conference and site visit schedule is shown on the cover sheet of this RFP. The location of the Pre-proposal Conference and site visit will be in UOSA s Bull Run A & B Conference and Training Room, located in Building G at Compton Road, Centreville, VA, Examination of the Site A Site visit will be conducted on the same day as and immediately after the Pre-proposal Conference as discussed in Section 3.3. Offerors may schedule an alternative time or additional site visits by contacting the Capital Improvements Section Manager at least 3 days prior to the date of the requested visit. 3.5 Addenda to the RFP UOSA has the right to amend this RFP at any time prior to the deadline for submitting Technical Proposals. If UOSA decides to revise any part of this RFP, notice of the revision will be given in the form of an Addendum that will be provided to all prospective Offerors who have filed with the Capital Improvements Section Manager as identified on the face of this RFP a written request to be designated as a prospective Offeror for this RFP. It is the responsibility of each prospective Offeror to confirm with the Capital Improvements Section Manager that its records include accurate contact information for the prospective Offeror. Addenda will be distributed within a reasonable time to allow Offerors to consider them in preparing their Technical Proposals. If in the opinion of UOSA, the deadline for receipt of Proposals does not provide sufficient preparation time, the deadline shall be extended. Acknowledgment of the receipt of all Addenda is required from all Offerors by noting it in the space provided on the Transmittal Form (Attachment C). 3.6 Instructions for Submitting Technical Proposals A. The deadline for submitting Qualification Proposals is shown on the cover sheet. Offerors mailing Technical Proposals should allow sufficient mail delivery time to ensure timely receipt by UOSA. There will be no public Proposal opening. The list of prospective Offerors shall be available for public inspection only after the notice of Public Hearing has been issued. Page 8 of 19

11 B. The attached Transmittal Form (Attachment C) must accompany the Technical Proposal. The purpose of this form is to formally submit the Technical Proposal and bind the Offeror to the terms contained in the solicitation. The Form shall be complete and signed by an individual who is authorized to bind the Offeror to all items contained in the Technical Proposal. C. Submission of the Technical Proposal requires one original and eight (8) copies of the Proposal. Each set must bear an original signature. Each set shall have the same cover, be numbered consecutively, and clearly identify the Offeror in bold print. All nine (9) copies of the Technical Proposal shall be submitted in a sealed package or packages, with each package clearly labeled with the following information: 1. Name of Offeror. 2. Mailing Address of Offeror. 3. Title of Project. 4. RFP Number. 5. Due Date and Time. D. Technical Proposals or attempted modifications to Technical Proposals arriving after the closing date and time shall not be considered. Technical Proposals received after the Technical Proposal submission deadline shall be returned to the Offeror unopened providing that sufficient Proposal identification information is shown on the outside of the submission package as stated above. 3.7 Proposal Organization Offerors are encouraged to be concise and to respond as directly as possible to the requirements set forth in this RFP. The length of the Technical Proposal shall not exceed 35 single-sided pages, excluding resumes, financial statements, and required forms. The Technical Proposal must be organized as follows (a detailed description of each item is presented below): A. Cover Letter. B. Transmittal Form. C. RCFP Performance Guarantee (Attachment E of RFP) D. DB Team Organization and Financial Information. E. DB Team Experience. F. Key Personnel. G. Project Approach. Page 9 of 19

12 H. Proposed Project Schedule I. Quality Assurance/Quality Control Plan (QA/QC) for Design J. Quality Assurance/Quality Control Plan (QA/QC) for Construction K. Other Information (included in page limit) L. References. M. Appendix Resumes for Key Personnel. N. Appendix Financial Statements. 3.8 Proposal Contents A. Cover letter (self explanatory). B. Transmittal Form (see Attachment C). C. DB Team Organization and Financial Information. As used in this Article 3.8, the directive to identify shall mean to provide the name and business address of the entity and of all persons or entities holding an ownership or controlling interest therein of 20% or more. A person or entity required to be identified as a result of holding an ownership or controlling interest of 20% or more shall be referred to herein as a DB Team Affiliate. The information below shall be provided for any and all DB Team. 1. Identify each member of the DB Team and all DB Team Affiliates. 2. Identify the person(s) or business entity (ies) that would serve as the Design Professional if the Agreement is awarded to the Offeror. For each such Design Professional, explain only the updated organization structure and the revised management approach, if any. 3. Briefly summarize the roles, responsibilities, and relevant experience of each member of the DB Team and all DB Team Affiliates, and the key personnel for each, included in the Technical Proposal. The information provided shall include experience with projects of comparable size and complexity, experience with the design-build delivery method, the length of time in business, business experience, public sector experience, and other relevant engagements. For each key personnel, include a detailed resume in the appendix to the Technical Proposal. 4. Provide names, addresses, electronic mail addresses, and telephone numbers of the persons within the Offeror s organization who may be contacted for further information. 5. For the Offeror and each DB Team Affiliate forming a part of the Offeror, provide audited financial statements for the past three fiscal years and all available quarterly financial statements for the current fiscal year of the person or Page 10 of 19

13 entity. Financial statements may be provided in a separate, sealed envelope, but must be clearly and securely packaged with the Technical Proposal. 6. For any member of the DB Team and for each DB Team Affiliate anticipated to perform any part of the Construction Work, if awarded, provide the Workers Compensation Experience Modification Rating for the three (3) years prior to the submission. D. DB Team Experience This section of the Proposal must demonstrate relevant experience for each DB Team member and DB Team Affiliate, and must include the following information organized according to the following subsections listed below. 1. Design Experience Describe relevant design experience, demonstrate specific experience with plate and frame press dewatering equipment, renovating buildings of similar size and function, and indicate experience with design/build project delivery. Describe relevant experience with permitting and regulatory compliance, and discuss similarities that such experience bears to the permitting and regulatory issues anticipated for this Project. Preference may be given for projects implemented using design-build delivery method. 2. Constructor Experience Describe relevant construction experience with plate and frame press dewatering systems and experience with design/build and cost reimbursable construction management at-risk project delivery. Preference may be given for projects implemented using design-build delivery method. 3. If applicable, provide projects demonstrating successful partnership where the DB Designer and DB Contractor have worked together previously. 4. Similar Project Experience Provide up to five directly relevant projects for the Contractor, Design Professional, and the Constructor (up to ten projects in total, but no less than two for each entity) in the last five years that best demonstrate the experience and qualifications of the Offeror. Preference may be given for projects implemented using design-build delivery method and plate and frame press dewatering systems. For each project include: a. Project name and location. b. Project description. c. Project status (percentage of completion). d. Owner contact information (name, title, current telephone number). e. Constructor contact information (for Design Professional s projects). f. Design Professional contact information (for Contractor s projects). g. Discussion of relevance to the Project. h. Services performed by Contractor, Design Professional or Constructor. i. Specific roles of key personnel. j. Discussion of how problems, unanticipated circumstances, and challenges were addressed. Page 11 of 19

14 k. Project delivery method (design-build, design-bid-build, etc.). l. Original and final project cost. If the final project cost exceeded the original project cost by more than ten percent (10%), provide an explanation why in as much detail as the Offeror deems necessary. m. Provide the dollar value of the work performed The Contractor or the Constructor, if different from the Contractor, must demonstrate that it has constructed at least three successful projects similar or greater in size and scope to this Project. 5. Safety Record. For any member of the DB Team and for each DB Team Affiliate anticipated to perform any part of the Construction Work, if awarded, provide the safety record for the past five (5) years. Each submittal shall provide detailed information for the following actions pertaining to safety which have become final in the three years prior to the submittal submission: a. Willful violations, violations for failure to abate, or repeated violations, for which the person or entity was cited by (i) the United States Occupational Safety and Health Administration; (ii) the Virginia Department of Labor & Industry; or (iii) the occupational safety and health plan for any other public jurisdiction. b. Three (3) or more serious safety violations for which the person or entity was cited by (i) the United States Occupational Safety and Health Administration; (ii) the Virginia Department of Labor & Industry; or (iii) the occupational safety and health plan for any other public jurisdiction. c. Termination of a contract between the person or entity and any public entity by the public entity for safety violations. d. Each state in which work was performed in the three (3) years prior to the Technical Proposal submission date. e. If the response to any of the preceding questions is none, the Offeror shall so state for each item in its submission documents. E. Key Personnel Provide the organization chart, qualifications and relevant experience for the Key Personnel to be assigned to the Project. Indicate experience of any individuals working together, and identify on which of the projects described in Section D above each individual worked. Identify any experience with Design-Build delivery method. Provide detailed resumes (two pages maximum) in an Appendix for any key personnel. Resumes shall include education, relevant work history, years with the firm, and availability. By identifying Key Personnel in their Technical Proposal, Offerors affirm that they are committing the Key Personnel for this Project and that UOSA may rely upon that information in evaluating the Technical Proposal. No changes in Key Personnel will be allowed without written permission from UOSA. For the purposes of this solicitation, Key Personnel are defined as: Page 12 of 19

15 1. Project Manager Responsible for overall management of the Project. 2. Design Project Manager Responsible for delivery of professional design services. 3. Construction Project Manager Responsible for delivery of construction. 4. Architect and/or Engineer of Record Responsible for assuring compliance of the design with applicable codes and standards. 5. Construction Field Superintendent Responsible for supervision of on-site construction personnel, trade subcontractors and daily coordination of the work on site. 6. Quality Assurance Manager Responsible for ensuring the quality of design and for construction in accordance with the Contract Drawings and Specifications. If different people will serve this role for design and construction, both individuals shall be considered Key Personnel. F. Project Approach All proposal elements (except for price) shall be included in the Technical Proposal and shall include at a minimum the following: 1. Technical approach, including project understanding, and desirability of equipment replacement and building renovation concepts. Discuss your understanding of UOSA s needs, how you plan to develop a solution, innovative concepts you might incorporate to improve dewatering process and related building areas, and other approaches that will help ensure pleasant and efficient building spaces, dewatering processes, building support facilities, and project constructability at a reasonable cost. Include conceptual drawings, process schematics, or architectural renderings as appropriate. 2. Discuss the role of subconsultant(s) if proposed, the company s past experience working with the subconsultant(s), and how the subconsultant(s) would enhance the delivered project. 3. Confirmation of compliance with the Request for Proposals (RFP). Describe how the proposal meets the RFP requirements. If any portion of the RFP cannot be met, identify the discrepancy in detail and propose an alternative solution. 4. Contractor Safety Plan 5. Provide a list of assumptions made for the technical approach. G. Project Schedule Offerors shall submit a proposed project schedule, to include design and construction durations and significant milestones. H. Quality Assurance/Quality Control Plan for Design I. Quality Assurance/Quality Control Plan for Construction J. Recessed Chamber Filter Press (RCFP) Performance Page 13 of 19

16 Offerors shall complete and include Attachment E Acknowledgment of Performance Guarantee. Include any suggestions on guarantee framework and any exceptions to what is currently contemplated by the RFP. K. Cost Proposal (Bound Separately) 1. Offerors shall submit a written non-binding cost proposal. Information shall be fully supported by data adequate to establish the reasonableness of the proposed fee by stage of work. The cost of the proposed solution shall be described in sufficient detail to allow the Committee to completely understand all cost elements (materials, labor, design fees, etc.). Any related costs such as travel, housing, food, etc. shall be included. The Offeror shall explain and provide details of any conditions which might increase or reduce the cost of the proposed services. 2. Include as part of the cost proposal a list of all employees by position/title, hourly pay rate and number of hours the person will be working on this project. This information is for informational purposes and for budget planning in the event that additional services are required. The total negotiated cost to complete the project as offered shall be based on a not to exceed cost derived from firm and fixed unit costs. UOSA reserves the right to expand or reduce the scope of the project and project costs may increase or decrease accordingly. The Contractor will be given reasonable advance Notice of any changes in the scope of the Contract by UOSA. Costs shall be presented as follows: a. Not-to-exceed costs for Stage 1 Services and raw labor multiplier factors b. Total Project cost limit for budgeting purposes. c. Estimated costs for general conditions (including construction management, temporary facilities, etc.). d. Estimated engineering services during construction. e. Fee percentage to be applied to actual construction costs (labor, materials and equipment incorporated into the Work) for calculation of the DB Fee. f. Proposed approach to development of the Guaranteed Maximum Price (GMP), including contingencies, allowances and cost sharing of GMP underruns. L. Other Information In this Section the Offeror may include any other information it deems appropriate to demonstrate its qualifications or understanding of the Project and issues or challenges to be addressed in the implementation of the Project, not previously submitted. N. References For each project submitted, provide five references each for the Contractor, Design Professional and Constructor, for relevant projects. References shall be on the Reference Form provided as Attachment D (or similar format) and shall include: 1. Project name and location. 2. Contact name and current telephone number. References may be from the same projects included in Section D or may be for different projects. Provide only one reference for each project. For projects where the Design Professional and Constructor worked together in the manner proposed for this Project, a Page 14 of 19

17 single reference is acceptable, and will count as one of the required five references for both the Design Professional and Constructor. By submitting a Technical Proposal, the Offeror authorizes UOSA to verify all information given and to check any other sources and contact other references. M. The Owner may request presentations or conduct interviews as part of this selection process. End Section 3 4 EVALUATION OF TECHNICAL PROPOSALS 4.1 Evaluation Committee UOSA will establish an Evaluation Committee (the Committee ) to review and rank each Technical Proposal. The Committee will be composed of individuals designated by UOSA. The Committee may request additional technical or administrative assistance from other sources. 4.2 Review of the Technical Proposals Review of the Technical Proposals will be conducted in accordance with the process and criteria set forth in this RFP. 4.3 Qualifying and Evaluating Technical Proposals Each Technical Proposal will first be reviewed for compliance with the requirements of this RFP, the PPEA, and UOSA s PPEA Model Procedures. Any Technical Proposal which does not comply with all applicable mandatory requirements shall be deemed nonresponsive. Each Technical Proposal that meets these requirements (as determined in the sole discretion of the Committee) will be evaluated and ranked according to the criteria listed below (in no particular order): A. Total Project cost limit (Evaluated Separately) B. Project Approach C. Project Schedule D. Quality Assurance/Quality Control Plan for Design E. Quality Assurance/Quality Control Plan for Construction F. Experience with similar projects, including a minimum of three construction projects of similar size and scope, reaching substantial completion in the last 5 years with at least one project substantially completed in the last 2 years. G. Demonstration of ability to perform all the services for Stages 1 and 2 of the Project. H. Demonstrated record of successful past performance, including timeliness of project deliver, compliance with plan, specifications, applicable laws and codes, quality of workmanship, and cost control and safety record I. If applicable, demonstration of successful past partnerships for all subcontracted services as specified under section 3.8.F.2 of this request for proposal (RFP) Page 15 of 19

18 J. Organizational structure and management approach. K. Experience of Key Personnel. L. Financial condition, including ability to bond this Project. M. Completed Performance Guarantee The Owner may request presentations or conduct interviews as part of this selection process. 4.4 Acceptance or Rejection of Technical Proposals In accordance with the PPEA, UOSA may: 1. Reject all Technical Proposals. 2. Proceed to Contract negotiations with the selected Offeror. End Section 4 Page 16 of 19

19 5. NEGOTIATION AND AWARD 5.1 Negotiations A. If at the end of the Stage 1, UOSA elects to proceed with the Project, UOSA intends to conduct negotiations in a manner consistent with procurement of other than professional services through competitive negotiation as the term is defined in of the Code of Virginia. B. Compensation for Stage 1 Services will be as stated in UOSA s Comprehensive Agreement. C. Compensation for Stage 2 Services and construction Work, if awarded, will be on an open book basis for reimbursable costs, plus a fixed fee, the sum of which shall total up to not more than the Guaranteed Maximum Price. It is intended that a GMP will be negotiated on an open-book basis prior to proceeding to Stage 2. D. Compensation for Stage 2 Services and construction Work, if awarded, will be as stated in UOSA s Comprehensive Agreement, Design-Build Work Amendment or Final Design Amendment. 5.2 Comprehensive Agreement Award Pursuant to the RFP, a Comprehensive Agreement (in form substantially similar to that included on the UOSA website) may be executed with the Offeror whose Technical Proposal is determined to be the most advantageous overall to UOSA by the Evaluation Committee. 5.3 Posting of Proposals In accordance with the requirements of the PPEA, proposals submitted at the request of UOSA are subject to Notice of Receipt on the UOSA website, publication in a newspaper of general circulation, web-based posting by the Virginia Department of General Services, and will be made available for public inspection at the UOSA site. Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions of Va. Code Ann , shall not be required to be posted, except as otherwise agreed to by the responsible public entity and the private entity. End Section 5 Page 17 of 19

20 6 PROCUREMENT STANDARD TERMS AND CONDITIONS 6.1 Cancellation UOSA may cancel this solicitation at any time and for any reason prior to Award. 6.2 Compliance with Laws The Offeror hereby represents and warrants that: A. it is qualified to do business in the Commonwealth of Virginia and that it shall take such action as, from time to time hereafter, may be necessary to remain so qualified; and B. it is not in arrears with respect to the payment of any monies due and owing UOSA, the Commonwealth of Virginia, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and C. it is in compliance with the contractor licensing requirements of Virginia Code Ann. Title 54.1-Chapter 11, and such other licensing requirements as may be applicable to any member of the DB Team. 6.3 Debarment Status By submitting a Proposal, the Offeror certifies that neither it nor any member of the DB Team is currently debarred by the Commonwealth of Virginia from submitting offers or proposals on contracts for the type of goods and/or services covered by this solicitation, nor is any of them an agent of any person or entity that currently is debarred. 6.4 Agreement to Procurement Terms and Conditions By submitting an offer in response to this solicitation, the Offeror agrees: A. To all terms and conditions set forth in this RFP and any applicable law. B. If selected, to proceed pursuant to the provisions of the Negotiation and Award set forth above. 6.5 Governing Law Notwithstanding any provision of Offeror s submitted terms and conditions to the contrary, which by submitting a Technical Proposal the Offeror agrees are not applicable, this solicitation and any resulting Contract shall be governed in all respects by the laws of Virginia, and any litigation with respect thereto shall be brought in the Circuit Court or the General District Court, as applicable, of Fairfax County, Virginia. Page 18 of 19

21 6.6 Incorporation by Reference This solicitation is issued in accordance with, and controlled by, the PPEA, which is incorporated into and made part of the solicitation. By submitting a Technical Proposal in response to this solicitation, all Offerors acknowledge the PPEA and agree to be bound by it. 6.7 Tax Exemption UOSA is exempt from Federal Excise Taxes, Virginia State Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes. UOSA's tax identification number is # v /99836 End Section 6 Page 19 of 19

22 ATTACHMENT A TECHNICAL REQUIREMENTS

23 ATTACHMENT B HAZARDOUS MATERIALS SURVEYS

24 ATTACHMENT C TRANSMITTAL FORM In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods and/or services described herein in accordance with the attached proposal and as may be mutually agreed upon by subsequent negotiation. Company Name (printed) Federal ID Number Street (printed) Telephone: City, State, Zip (printed) Facsimile: Printed Name Title Signed Dated Acknowledge Receipt of Addenda: The Offeror hereby acknowledges receipt of and compliance with the following Addendum(s) to this solicitation,,,,,,

25 ATTACHMENT D REFERENCES OFFERORS' NAME: 1. OWNER NAME: PROJECT NAME: ADDRESS: CONTACT PERSON: TELEPHONE: FAX: ( ) - - ( ) OWNER NAME: PROJECT NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) OWNER NAME: PROJECT NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) - -

26 ATTACHMENT D REFERENCES (CONT.) OFFERORS' NAME: 4. OWNER NAME: PROJECT NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) OWNER NAME: PROJECT NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) # v /99836

27 ATTACHMENT E ACKNOWLEDGEMENT OF PERFORMANCE GUARANTEE The Offeror further agrees, if selected by the Owner, that the Offeror shall provide performance guarantees. By completing this form, the Offeror agrees, if selected by the Owner, that the Offeror shall comply with the following performance requirements in addition to those specified in Attachment A Technical Requirements of the Request for Proposals. Additional Performance Requirements: Each Recessed Chamber Filter Press (RCFP) shall achieve an average of fifty (50%) percent or greater dewatered lime total solids concentration as measured by the Owner s on-site laboratory. The average concentration shall be calculated as the arithmetic mean of ten (10) consecutive press cycle solid sample results. No single press cycle solids sample result of the ten (10) consecutive cycles tested shall be below forty-five percent (45%) total solids concentration. A Payment Factor shall be applied to the material and labor costs associated with the Plate Press Work. The Owner will pay for the Work associated with the plate presses using the following equation: Where: Payment = (Cost of RCFP Work) x (Payment Factor) Cost of RCFP Work is the total cost of material and labor billed to the Owner by the Design Builder for one-hundred percent performance and compliance with the requirements and specifications for all Work associated with the furnishing and installation of the new RCFPs. The Payment Factor is the percentage of the Cost of Work to be paid by the Owner to the Design Builder based on the performance requirement stated above and assigned according to the Final Performance Guarantee Table. The Offeror further agrees, if selected by the Owner, that the Offeror shall provide performance guarantees similar to those listed in the table below. The exact scope of such performance guarantees shall be negotiated with the Owner prior to submission of the GMP. The Payment Factors listed in the following table are examples and are subject to change during the negotiations period. Example Performance Guarantee Table Average Dewatered Lime Payment Factor Solids 50% 100% 49% and < 50% 98% 48% and < 49% 95% 47% and < 48% 90% 46% and < 47% 85% 45% and < 46% 80% The Offeror further agrees, if selected by the Owner, to provide similar performance guarantees (with similar tables) for Plate Press Cycle Time, Lime addition, and other performance requirements pertaining to the Work as the Owner may require. All such performance guarantees shall be negotiated with the Owner prior to submission of the GMP.

28 The negotiated performance guarantee shall be included in the DB Work Amendment between the successful offeror and the owner. The owner maintains the rights specified in section 5 of the RFP. Authorized Representative Date Offeror: