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REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES South Capitol Street Corridor Phase I Project VOLUME I Instructions to Proposers DISTRICT OF COLUMBIA DISTRICT DEPARTMENT OF TRANSPORTATION ADDENDUM #4 – AUGUST 23, 2016

REQUEST FOR PROPOSALS DESIGN-BUILD …app.ocp.dc.gov/pdf/DCKA-2016-Q-0540_ExbA.pdfREQUEST FOR PROPOSALS DESIGN-BUILD SERVICES South Capitol Street Corridor Phase I Project VOLUME I

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  • REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES

    South Capitol Street Corridor Phase I Project

    VOLUME I Instructions to Proposers

    DISTRICT OF COLUMBIA

    DISTRICT DEPARTMENT OF TRANSPORTATION

    ADDENDUM #4 AUGUST 23, 2016

  • ADDENDUM #4 AUGUST 23, 2016 PAGE I DISTRICT DEPARTMENT OF TRANSPORTATION

    Contents

    Introduction and General Provisions ................................................................................................... 1-1

    1.1 Introduction ..................................................................................................................................... 1-1

    1.2 Project Goals .................................................................................................................................... 1-1

    1.3 Documents in the Request for Proposals ........................................................................................ 1-1

    1.4 General Phase I Description ............................................................................................................. 1-2

    1.4.1 General Description ............................................................................................................ 1-2

    1.4.2 Scope of Design-Build Contractors Obligations ................................................................. 1-3

    1.4.3 Project Environmental Status ............................................................................................. 1-3

    1.4.4 Permits and Approvals ....................................................................................................... 1-4

    1.4.5 Status of Required Right-of-Way Acquisition ..................................................................... 1-4

    1.4.6 Required Utility Work ......................................................................................................... 1-4

    1.5 Definitions and Acronyms ................................................................................................................ 1-4

    1.6 Procurement Schedule .................................................................................................................... 1-4

    1.7 General Provisions Regarding Proposals ......................................................................................... 1-6

    1.7.1 Proposal Contents ............................................................................................................... 1-6

    1.7.2 Inclusion of Proposal in Contract Documents .................................................................... 1-6

    1.7.3 Project Labor Agreement .................................................................................................... 1-6

    1.8 Project Costs, Funding, and Financing ............................................................................................. 1-6

    Procurement Process ......................................................................................................................... 2-1

    2.1 Procurement Method ...................................................................................................................... 2-1

    2.2 Receipt of the Request for Proposal Documents, Communications, and Other Information ......... 2-1

    2.2.1 Contracting Officer ............................................................................................................. 2-1

    2.2.2 Contract Administrator ....................................................................................................... 2-1

    2.2.3 Identification of Proposer Authorized Representative ....................................................... 2-1

    2.2.4 Rules of Contact .................................................................................................................. 2-1

    2.3 Questions and Response Process, and Addenda ............................................................................. 2-2

    2.3.1 Questions and Responses Regarding the RFP..................................................................... 2-2

    2.3.2 Addenda .............................................................................................................................. 2-3

    2.4 Pre-Proposal Submittals .................................................................................................................. 2-3

    2.4.1 Changes in Proposers Team ............................................................................................... 2-3

    2.4.2 Alternative Technical Concepts (ATCs) ............................................................................... 2-3

    2.4.3 Visual Quality Concepts (VQCs) .......................................................................................... 2-3

    2.5 Pre-Proposal Meetings..................................................................................................................... 2-3

    2.5.1 Informational Meetings ...................................................................................................... 2-3

    2.5.2 One-on-One Meetings ........................................................................................................ 2-4

    2.5.3 Questions and Responses During One-on-One Meetings .................................................. 2-4

    2.5.4 Statements at Meetings ...................................................................................................... 2-4

    2.6 Ownership of Proposal, Confidentiality and FOIA ........................................................................... 2-5

    2.6.1 Ownership of Proposal and Applicability of FOIA ............................................................... 2-5

    2.6.2 Disclosure Waiver ............................................................................................................... 2-5

    2.6.3 Disclosure Process for Requests under FOIA ...................................................................... 2-5

    2.7 DDOT Studies and Investigations ..................................................................................................... 2-5

    2.8 Examination of RFP .......................................................................................................................... 2-5

    2.9 Errors ................................................................................................................................................ 2-6

    2.10 Improper Conduct ............................................................................................................................ 2-6

    2.10.1 Non-Collusion ..................................................................................................................... 2-6

    2.10.2 Organizational Conflicts of Interest .................................................................................... 2-6

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE II DISTRICT DEPARTMENT OF TRANSPORTATION

    2.11 Changes in Proposers Team ............................................................................................................ 2-6

    Alternative Technical Concepts and Visual Quality Concepts ............................................................... 3-1

    3.1 Alternative Technical Concepts ....................................................................................................... 3-1

    3.1.1 Submission of ATCs ............................................................................................................. 3-1

    3.1.2 DDOT Review of Pre-Proposal Submission of ATCs ............................................................ 3-3

    3.1.3 Incorporation of ATCs in the Contract Documents............................................................. 3-3

    3.1.4 Confidentiality ..................................................................................................................... 3-3

    3.2 Visual Quality Concepts ................................................................................................................... 3-3

    3.2.1 Submission of VQCs ............................................................................................................ 3-4

    3.2.2 VQC One-on-One Meetings ................................................................................................ 3-6

    3.2.3 DDOT Review of VQCs ........................................................................................................ 3-6

    3.2.4 Confidentiality ..................................................................................................................... 3-7

    Requirements for Submittal of Proposals and Acceptance of Delivery by DDOT ................................... 4-1

    4.1 General Submittal Requirements .................................................................................................... 4-1

    4.1.1 Technical and Price Proposal Due Date .............................................................................. 4-1

    4.1.2 Signatures Required ............................................................................................................ 4-1

    4.1.3 Consequences of Failure to Follow Requirements ............................................................. 4-1

    4.1.4 Requirements to Submit Compliant Proposal .................................................................... 4-1

    4.1.5 Format ................................................................................................................................. 4-1

    4.1.6 Additional Requirements for Proposal Delivery ................................................................. 4-2

    4.1.7 Proposal Validity Period ...................................................................................................... 4-2

    4.2 Technical Proposal ........................................................................................................................... 4-2

    4.2.1 General................................................................................................................................ 4-2

    4.3 Price Proposal .................................................................................................................................. 4-2

    4.3.1 General................................................................................................................................ 4-2

    4.4 Proposal Security ............................................................................................................................. 4-3

    4.4.1 General................................................................................................................................ 4-3

    4.4.2 Forfeiture of Proposal Security ........................................................................................... 4-3

    4.4.3 Return of Proposal Security ................................................................................................ 4-3

    4.5 Acceptance of Delivery by DDOT ..................................................................................................... 4-3

    4.6 Costs Not Reimbursable ................................................................................................................... 4-3

    Evaluation and Post-Selection Process ................................................................................................ 5-1

    5.1 Evaluation Process ........................................................................................................................... 5-1

    5.1.1 Evaluation Process Overview .............................................................................................. 5-1

    5.1.2 Determination of Total Proposal Score .............................................................................. 5-2

    5.2 Evaluation of Technical Proposal by EC ........................................................................................... 5-2

    5.2.1 Technical Proposal Evaluation Factors Minimum Requirements .................................... 5-2

    5.2.2 Technical Proposal Evaluation Scored Evaluation Factors ............................................... 5-3

    5.2.3 Evaluation Guidelines ......................................................................................................... 5-6

    5.3 COs Evaluation of Technical Proposals ........................................................................................... 5-8

    5.4 COs Evaluation of Price Proposals .................................................................................................. 5-8

    5.4.1 Price Proposal Minimum Requirements .......................................................................... 5-8

    5.4.2 Price Proposal Score ........................................................................................................... 5-8

    5.5 CO Right to Exclude Proposals from Consideration ......................................................................... 5-8

    5.6 Requests for Clarification ................................................................................................................. 5-9

    5.7 Post-Selection Process to finalize the Contract Documents ............................................................ 5-9

    5.8 Post-Selection Deliverables ............................................................................................................. 5-9

    5.8.1 Documents to be Submitted Following Notice of Intent to Award .................................... 5-9

  • CONTENTS

    ADDENDUM #4 AUGUST 23, 2016 PAGE III DISTRICT DEPARTMENT OF TRANSPORTATION

    Final Award and Execution; Post-Execution Actions ............................................................................ 6-1

    6.1 Final Award of DBA .......................................................................................................................... 6-1

    6.1.1 Documents to be Delivered by Proposer with the Signed DBA .......................................... 6-1

    6.2 Debriefings ....................................................................................................................................... 6-1

    6.3 Stipend ............................................................................................................................................. 6-1

    Protests ............................................................................................................................................. 7-1

    7.1 Protests ............................................................................................................................................ 7-1

    DDOT Disclaimers .............................................................................................................................. 8-1

    8.1 DDOT Disclaimers ............................................................................................................................ 8-1

    Exhibit A Definitions and Acronyms ................................................................................................................... 3

    Exhibit B Technical Proposal Instructions .......................................................................................................... 5

    Exhibit C Price Proposal Instructions ................................................................................................................. 1

    Exhibit D Required Forms .................................................................................................................................. 3

    Exhibit E Summary and Order of Proposal Contents .......................................................................................... 7

    Exhibit F Stipend Agreement ............................................................................................................................ 5

    Required Forms

    Form A-1 Technical Proposal Letter, Certifications and Representations

    Form A-2 Price Proposal Letter, Certifications and Representations

    Form B-1 Information about Proposer Organization

    Form B-2 Information about Major Participants, Major Professional Services Firms and Key

    Subcontractors

    Form C Responsible Proposer Questionnaire

    Form D Industrial Safety Record for Team Members Performing Installation or Construction

    Work

    Form E Personnel Work Assignment Form

    Form F Non-Collusion Affidavit

    Form G Buy America Certification

    Form H Reserved

    Form I Reserved

    Form J Conflict of Interest Disclosure Statement

    Form K Proposal Bond

    Form L Opinion of Counsel

    Form M-1 Contract Price

    Form M-1.1 Contract Price Breakdown

    Form M-2 DB Contractor Draws / Cash Flow Table

    Form N Reserved

    Form O Completion Schedule

    Form P Equal Employment Opportunity and Non-Segregation Certification

    Form Q Certification Regarding Use of Contract Funds for Lobbying

    Form R Certification Regarding Ineligible Contractors

    Form S Clarification Requests and Questions

  • SECTION 1

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-1 DISTRICT DEPARTMENT OF TRANSPORTATION

    % Introduction and General Provisions

    %.% Introduction This Request for Proposals (RFP) is issued by the Office of Contracting and Procurement (OCP) on behalf of

    the District Department of Transportation (DDOT), an agency of the District of Columbia (the District or DC),

    to seek competitive proposals (individually, a Proposal and collectively, Proposals) to design and construct

    the South Capitol Street Corridor Segments 1 & 2 Project (the Project), as further described in the following

    paragraphs, and to be evidenced by a Design-Build Agreement (DBA). The DBA is included in Volume II, Book I

    of the RFP. DDOT is issuing the RFP only to Proposers that were shortlisted based on DDOTs evaluation of

    Statements of Qualifications (SOQs) delivered to DDOT on August 1, 2013, in response to the Request for

    Qualifications (RFQ) for the Project issued on June 13, 2013. No un-solicited proposals will be accepted.

    Proposers must comply with these Instructions to Proposers (ITP) during the procurement and in their

    responses to the RFP. Proposers shall take the Project goals identified in Section 1.2 into consideration when

    drafting their Proposals as they will be used as a guide during the evaluation process.

    The Proposer that is selected by DDOT in accordance with this ITP will be referred to as the Successful

    Proposer, and will become the design-build contractor (the DB Contractor) upon execution of the DBA.

    All forms identified in this ITP are found in Exhibit D unless otherwise noted. All times in this ITP are Eastern

    Standard Time (EST) or Eastern Daylight Time (EDT), as applicable. All references to days or Days in this ITP

    refer to calendar days unless otherwise specified.

    %.( Project Goals The following goals have been developed for the Project:

    1. Design and construct improvements within the corridor which transforms South Capitol Street into a grand urban boulevard consistent with the Anacostia Waterfront Initiative.

    a. Replace the existing Frederick Douglass Memorial Bridge with a new iconic structure that reflects the traditions of great civic design in the District.

    b. Develop public spaces within the ovals which provide opportunities for future commemorative works integrated with a network of urban open spaces throughout the project.

    2. Improve connectivity, traffic mobility, safety and operational characteristics in the Project corridor.

    a. Maintain worker and public safety while minimizing impacts to local residents, businesses and the traveling public during construction.

    3. Incorporate aesthetically pleasing and sustainable materials and elements throughout the corridor reflecting the natural and historic resources of the area.

    a. Ensure compliance with all environmental requirements related to the protection of all natural and historic resources in the area.

    4. Achieve Project Final Completion on, or prior to, December 31, 2020.

    %.) Documents in the Request for Proposals The RFP consists of the following volumes, and any other documents that may be issued by Addendum, and

    such documents that may be amended and supplemented:

    1. Volume Ithis ITP (including Exhibits and Forms) 2. Volume II, Book I DBA 3. Volume II, Book II Technical Provisions

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-2 DISTRICT DEPARTMENT OF TRANSPORTATION

    4. Volume II, Book III Contract Data and Reports (CDRs) 5. Volume III, Book I Reference Information Documents (RIDs) 6. Volume III, Book II Conceptual Design Plans

    Refer to Volume II, Book I DBA, for a list of the Contract Documents and their respective orders of

    precedence. Additional information may subsequently become available and will be distributed to Proposers

    through the secure file transfer and sharing site (Secure Site): secure.anacostiawaterfront.org

    The RIDs, and the Conceptual Design Plans, are included in the RFP for the purpose of providing information

    in DDOTs possession to Proposers. DDOT has not determined whether all the RIDs are accurate or complete.

    Proposers should not rely solely on the RIDs in preparing their proposals and should independently verify

    information critical to the development of their Proposals.

    %.- General Phase I Description %.-.% General Description

    Encompassing one of the most important corridors and widely-used bridges in Washington, DC, the South

    Capitol Street Corridor Project will transform the existing corridor into an urban gateway to the Districts

    monumental core and the U.S. Capitol.

    The potential Project components include the roadways shown on the following map, designated as

    Segments 1 and 2, and as described below.

    1. Segment 1:

    a. Removal and replacement of the Frederick Douglass Memorial Bridge.

    b. Construction of the bridge approach ovals, connection to adjacent streets and reconstruction of adjacent streets.

    c. Realignment of South Capitol Street within the limits of the Project.

    2. Segment 2:

    a. Replacement of the Interstate 295 bridges over Howard Road, Suitland Parkway and Firth Sterling.

    b. Reconstruction of the Interstate 295/Suitland Parkway Interchange.

  • SECTION 1INTRODUCTION AND GENERAL PROVISIONS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-3 DISTRICT DEPARTMENT OF TRANSPORTATION

    Project Segment Map

    %.-.( Scope of Design-Build Contractors Obligations The DB Contractors obligations will include all efforts required to develop, design, and construct the Project

    in accordance with the requirements of the Contract Documents.

    %.-.) Project Environmental Status The Projects NEPA compliance included preparation of a Draft Environmental Impact Statement / Section

    4(f) Evaluation (DEIS), which was approved in February 2008; a Final Environmental Impact Statement /

    Section 4(f) Evaluation (FEIS), which was approved in March 2011; a Supplemental Draft Environmental

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-4 DISTRICT DEPARTMENT OF TRANSPORTATION

    Impact Statement / Section 4(f) Evaluation (Supplemental DEIS), which was approved in December 2014; and

    a combined FHWA Record of Decision and Supplemental Final Environmental Impact Statement / Section 4(f)

    Evaluation (ROD/Supplemental FEIS), which was approved in August 2015. The FEIS and Supplemental DEIS

    are included as RIDs. The ROD/Supplemental FEIS are included in Volume II, Book III, Contract Data and

    Reports.

    The National Park Service (NPS) ROD is under preparation by NPS and is expected to be approved by March

    2016.

    %.-.- Permits and Approvals The table in Section 8 of the Technical Provisions lists the permits required for this Project and the party

    responsible for initial permit acquisition.

    The scope for Segment 1 is based on constructing a replacement of the Frederick Douglass Memorial Bridge

    with a navigational opening 42 feet high by 150 feet wide. A final determination regarding navigational

    clearance requirements will result after the US Coast Guard issues a Bridge Permit (Section 9 Rivers and

    Harbors Act Permit). Following receipt of the permit, DDOT will make any adjustments to this RFP deemed

    necessary, in its sole discretion, via an Addendum.

    %.-.1 Status of Required Right-of-Way Acquisition DDOT will acquire right-of-way (ROW) as shown in the ROW Plan Sheet Exhibit included in the CDRs in the

    time frame reflected in Section 24 of the Technical Provisions.

    %.-.4 Required Utility Work DDOT has initiated coordination with Utilities identified in the Potential Utility Conflict Matrix, which is included

    as a RID. The DB Contractor is responsible for relocation or coordinating relocation of the Utilities in accordance

    with the Technical Provisions.

    %.1 Definitions and Acronyms Refer to Exhibit A of this ITP for the meaning of various capitalized terms and acronyms used herein. Refer to

    Exhibit A of the DBA, as applicable, for the meaning of capitalized terms and acronyms used but not defined

    herein or in Exhibit A of this ITP. Additional capitalized terms and acronyms are included, and defined, in the

    Technical Provisions.

    %.4 Procurement Schedule The following represents the anticipated schedule for the procurement. Additional dates for one-on-one and

    ATC meetings will be added in accordance with Section 2.5.

    Event Date and Time

    Draft RFP Release Date November 14, 2015

    Deadline for submission of questions / comments on Draft RFP December 13, 2015

    Revised Draft RFP Release Date March 4, 2016

    Issue date for Final RFP March 25, 2016

    Optional one on one meeting April 6, 2016

    Optional one on one meeting April 20, 2016

    Deadline for mandatory submission of first Visual Quality Concept documentation April 25, 2016

    Optional one on one meeting May 4, 2016

    First mandatory Visual Quality Concept one on one meetings May 9 10, 2016

  • SECTION 1INTRODUCTION AND GENERAL PROVISIONS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-5 DISTRICT DEPARTMENT OF TRANSPORTATION

    Event Date and Time

    Optional one on one meeting May 18, 2016

    Issue date for RFP Addendum #1 May 24, 2016

    Optional one on one meeting June 2, 2016

    Optional one on one meeting June 15, 2016

    Optional one on one meeting June 29, 2016

    Deadline for mandatory submission of second Visual Quality Concept documentation July 8, 2016

    Optional one on one meeting July 13, 2016

    Second Visual Quality Concept one on one meeting July 25-26, 2016

    Optional one on one meeting August 3, 2016

    Last date for submittal of the following:

    (1) Changes in Proposers Organization

    (2) Changes in Key Personnel

    August 5, 2016

    Optional one on one meeting August 17, 2016

    Optional one on one meeting August 31, 2016

    Last date for submittal of ATCs September 2, 2016

    Deadline for optional submission of third Visual Quality Concept documentation September 6, 2016

    Third Visual Quality Concept one on one meetings September 16, 2016

    Optional one on one meeting September 22, 2016

    Last date for Proposer submittal of questions / comments regarding the RFP September 30, 2016

    Optional one on one meeting October 6, 2016

    Release of Final RFP Addendum October 21, 2016

    Technical Proposal Due Date November 14, 2016 by 2:00 PM

    Price Proposal Due Date November 21, 2016 by 2:00 PM

    Anticipated Notice of Intent to Award January 27, 2017

    Anticipated date for Execution of Design Build Agreement (DBA) February 10, 2017

    All dates and times set forth above and elsewhere in the RFP are subject to change, at DDOTs sole

    discretion.

    Volume II, Book I, Exhibit C - Davis Bacon wage rates will be updated 10 days prior to the Price Proposal Due

    Date.

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE 1-6 DISTRICT DEPARTMENT OF TRANSPORTATION

    %.6 General Provisions Regarding Proposals %.6.% Proposal Contents As used in this ITP, the term Proposal means a Proposers complete response to the RFP, including

    the Technical Proposal and the Price Proposal, and including any Best and Final Offers (BAFOs) requested in

    accordance with Section 5.1. The instructions and requirements for the Technical Proposal and the Price

    Proposal are set forth in Exhibits B and C, respectively; and a checklist showing the required contents of the

    entire Proposal is found in Exhibit E. The Proposal shall be organized in the order listed in Exhibit E and shall be

    clearly indexed. Each Proposal component shall be clearly titled and identified. Any failure to provide all the

    information and all completed forms (Exhibit D) in the format specified or submittal of a Proposal subject to any

    reservations, qualifications, conditions, or assumptions may result in DDOTs rejection of the Proposal.

    All blank spaces in the Proposal forms must be filled in as appropriate. No changes may be made in the

    Proposal forms.

    %.6.( Inclusion of Proposal in Contract Documents The successful Proposal will become part of the Contract Documents as stated in Section 3.3 (Order of

    Precedence) of the DBA.

    %.6.) Project Labor Agreement The District will enter into a Project Labor Agreement (PLA) with Community Hub for Opportunities in

    Construction Employment (CHOICE) and signatory unions for this Project. The DB Contractor will be required

    to become a signatory to the PLA to deliver the Project. The PLA will be provided as a CDR.

    %.7 Project Costs, Funding, and Financing DDOTs plan of finance contemplates that DDOT, using District and federal funds allocated to the District, will

    fund the design and construction of the Project. Payments will be made in accordance with the Contract

    Documents.

  • SECTION 2

    ADDENDUM #4 AUGUST 23, 2016 PAGE 2-1 DISTRICT DEPARTMENT OF TRANSPORTATION

    ( Procurement Process

    (.% Procurement Method This RFP is issued pursuant to the Procurement Practices Reform Act of 2010 (PPRA); DC Official Code section

    2-351.01 et seq. as amended; 27 DCMR section 1600, et seq. as amended; and other applicable federal and

    District provisions.

    If an award will be made, the District will award the DBA in accordance with the process set forth in this ITP.

    DDOT will accept Proposals for the Project only from Proposers that DDOT has shortlisted for the

    procurement based on their responses to the RFQ. DDOT will not review or consider unsolicited proposals.

    (.( Receipt of the Request for Proposal Documents, Communications, and Other Information

    The RFP documents will be available on the Secure Site. The Secure Site is distinct from the Procurement

    Web site viewable by the public. Access to the Secure Site will be granted only to shortlisted Proposers.

    DDOT will maintain the Secure Site. The Secure Site address, username, and password have been provided by

    DDOT separately to each shortlisted Proposer. Each shortlisted Proposer will be required to treat the

    username and password as confidential information and it is the responsibility of the Proposer to check the

    site regularly for Addenda to this ITP and for other procurement-related information.

    (.(.% Contracting Officer DDOT has designated the following individual to be the Contracting Officer for the procurement:

    Steven Wishod

    Contracting Officer (CO)

    [email protected]

    From time to time during the procurement process or during the term of the DBA, DDOT may designate

    another CO or representative to carry out some or all of DDOTs obligations pertaining to the Project.

    (.(.( Contract Administrator The Contract Administrator (CA) will be the person designated in the DBA.

    (.(.) Identification of Proposer Authorized Representative The Proposers Authorized Representative shall initially be the person identified in the SOQ as the single

    point of contact for the Proposer. If a Proposer changes its designated representative to receive documents,

    communications, or notices in connection with the procurement at any time, including subsequent to its

    submission of its Proposal, the Proposer shall provide the CO with the name and address of the newly

    designated representative. Failure to identify a designated representative in writing may result in the

    Proposer failing to receive important communications from DDOT. DDOT is not responsible for any such

    failure.

    (.(.- Rules of Contact Starting on June 13, 2013, the date the RFQ was issued, and ending on the earliest of the following: execution

    and delivery of the DBA; rejection of all Proposals by DDOT; or cancellation of the RFP, the rules of contact

    set forth below shall continue to apply. The rules are designed to promote a fair and impartial procurement

    process. Contact includes face-to-face, telephone, facsimile, electronic mail (e-mail), social media, instant

    messages, text messages, or formal written communication. Contact also includes third-party

    communications on behalf of the Proposer.

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE 2-2 DISTRICT DEPARTMENT OF TRANSPORTATION

    The specific rules of contact are as follows:

    1. No Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either teams Proposal, with the exception that the prohibition does not apply

    to public discussions regarding the RFP at any DDOT-sponsored informational meetings.

    2. Each Proposer shall designate one representative responsible for all communications between the Proposer and DDOT, and such designated representative shall correspond with DDOT regarding the RFP

    only through DDOTs CO.

    3. No Proposer or representative thereof shall have any ex-parte communications regarding the RFP or the procurement described herein with any DDOT staff, advisors, contractors, consultants or subconsultants

    involved with the procurement or the Project, except for the following:

    a. Communications with DDOT consultants who have completed their services for the Project and have been released by DDOT.

    b. Communications expressly permitted by the RFP or except as approved in advance by DDOT in its sole discretion.

    The list of consultants and subconsultants who have assisted DDOT in the development of the Project has

    been provided by the CO to the Proposers.

    4. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP or participation in public meetings of the DC Council or any public or Proposer

    workshop related to the RFP. Any Proposer engaging in such prohibited communications may be

    disqualified at the sole discretion of DDOT. Any communications judged by DDOT, in its sole discretion, to

    be improper may result in disqualification.

    5. Any official information regarding the Project will be disseminated from DDOTs CO or, on the Secure Site or Procurement Web site.

    6. DDOT will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

    The Proposer shall note that no correspondence or information from DDOT or anyone representing DDOT

    regarding this RFP or the Proposal process shall have any effect unless it is in compliance with this

    Section 2.2.4.

    (.) Questions and Response Process, and Addenda (.).% Questions and Responses Regarding the RFP Proposers shall be responsible for reviewing the RFP and any Addenda issued by DDOT before the Technical

    Proposal Due Date and for requesting written clarification or interpretation of any perceived mistake,

    discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision that the

    Proposer fails to understand. Failure of the Proposer to so examine and inform itself shall be at its sole risk,

    and no relief for error or omission will be provided by the CO.

    Proposers shall submit, and DDOT may respond to, requests for written clarification in accordance with this

    Section 2.3.1. DDOT will only consider comments or questions regarding the RFP, including requests for

    clarification and requests to correct errors, if submitted by a Proposer to the CO.

    Such comments or questions may be submitted at any time prior to the applicable last date specified in

    Section 1.6 or such later date as may be specified in any Addendum and shall: (i) be sequentially numbered;

    (ii) identify the document (for example, the DBA, the Technical Provisions); (iii) identify the relevant section

    number and page number (for example, DBA Section D.2, pages 20-21) or, if it is a general question, indicate

    so; (iv) not identify the Proposers identity in the body of the question; and (v) not contain proprietary or

    confidential information. Clarification requests and questions must be submitted using Form S.

  • SECTION 2PROCUREMENT PROCESS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 2-3 DISTRICT DEPARTMENT OF TRANSPORTATION

    Except during one-on-one meetings, no oral requests will be considered. Proposers are responsible for

    ensuring that any written communications clearly indicate on the first page or in the subject line, as

    applicable, that the material relates to the Project. No requests for additional information or clarification

    submitted to any person other than the CO will be considered. Questions may be submitted only by the

    Proposers Authorized Representative and must include the requestors name, address, telephone and

    facsimile numbers, e-mail address, and the Proposer he/she represents.

    The questions and DDOTs responses will be in writing and will be delivered to all Proposers, except that

    DDOT intends to respond individually to questions identified by a Proposer or deemed by DDOT as containing

    confidential or proprietary information relating to Proposers VQCs or ATCs. DDOT anticipates issuing

    multiple sets of written responses at different times during the procurement process. Except for written

    responses to questions relating to the final Addenda, the last set of responses will be issued no later than the

    date specified in Section 1.6.

    Responses provided in writing that are not part of an Addendum do not amend the RFP and will not be

    considered part of the RFP. If DDOT concludes, in its sole discretion, that its interpretation or clarification

    requires a change in the RFP, DDOT will prepare and issue an Addendum.

    (.).( Addenda DDOT reserves the right, in its sole discretion, to revise, modify, or change the RFP (including this ITP) and/or

    the procurement process at any time. Any revisions will be implemented through issuance of Addenda to the

    RFP. Addenda will be posted on the Secure Site. If any Addendum significantly affects the RFP, as determined

    at DDOTs sole discretion, DDOT may change the Technical and / or Price Proposal Due Date. The

    announcement of the new date will be included in the Addendum. In addition, if the last date for Proposers

    to submit questions regarding the RFP has occurred or has changed, the Addendum will indicate the latest

    date for submittal of any clarification requests permitted concerning the Addendum.

    The Proposer shall acknowledge in its Proposal Letter (see Form A in Exhibit D) receipt of all Addenda and

    question responses. Failure to acknowledge such receipt may cause the Proposal to be rejected. DDOT

    reserves the right to hold group meetings with Proposers and/or one-on-one meetings with each Proposer to

    discuss any Addenda or responses to requests for clarifications. DDOT does not anticipate issuing any

    Addenda relating to the Technical Proposal later than 21 days before the Technical Proposal Due Date.

    However, if the need arises, DDOT reserves the right to issue Addenda after such date. If DDOT finds it

    necessary to issue an Addendum after such date, any relevant processes or response times necessitated by

    the Addendum will be set forth in a cover letter to that specific Addendum.

    (.- Pre-Proposal Submittals (.-.% Changes in Proposers Team Any Proposer that wishes to request a change in its team must make a pre-proposal submittal as provided in

    Section 2.11. DDOT is under no obligation to approve such changes.

    (.-.( Alternative Technical Concepts (ATCs) Any Proposer that wishes to submit an ATC pursuant to Section 3.1 must make a pre-proposal submittal as

    described therein.

    (.-.) Visual Quality Concepts (VQCs) Proposers are required to submit pre-proposal VQC submittals pursuant to Section 3.2.

    (.1 Pre-Proposal Meetings (.1.% Informational Meetings DDOT may hold non-confidential joint informational meetings with all Proposers at any time before the Price

    Proposal Due Date. Informational meetings may be held either in person, by telephone, or virtually. If held by

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    telephone or virtually, the meeting may permit interactive communication between all Proposers and DDOT.

    Written notice of any informational meetings will be sent to all Proposers. The notice will inform Proposers

    of the manner of the meeting.

    Each Proposer shall attend informational meetings with appropriate members of its proposed key

    management personnel, and if required, senior representatives of proposed team members identified by

    DDOT.

    (.1.( One-on-One Meetings DDOT intends to conduct: (i) mandatory one-on-one VQC meetings with each Proposer to discuss the

    Proposers VQCs; and (ii) optional one-on-one meetings to discuss Proposers ATCs; and (iii) optional one-one

    meetings to discuss other issues and clarifications regarding the RFP. Such meetings will be conducted on the

    dates set forth in Section 1.6, and on other dates designated by DDOT in writing to the Proposers. DDOT will

    disclose to all Proposers any responses to issues raised during the one-on-one meetings, except to the extent

    that DDOT determines, in its sole discretion, such disclosure would impair the confidentiality of a technical

    concept, VQC or ATC.

    The one-on-one meetings are subject to the following:

    1. The meetings are intended to provide Proposers with clarifications of the RFP which will be disclosed to all Proposers via Addendum.

    2. DDOT will not discuss with any Proposer any Proposal, technical concept, VQC, or ATC other than its own.

    3. Proposers shall not seek to obtain commitments from DDOT in the meetings or otherwise seek to obtain an unfair competitive advantage over any other Proposer.

    4. No aspect of the meetings is intended to provide any Proposer with access to information that is not similarly available to other Proposers, and no part of the evaluation of Proposals will be based on the

    conduct or discussions that occur during the meetings.

    Persons attending the one-on-one meetings will be required to sign an acknowledgment of the rules.

    (.1.) Questions and Responses During One-on-One Meetings Proposers shall submit requests for clarifications ten (10) days in advance of the meeting and a meeting

    agenda to the CO seven (7) days in advance of the meeting, along with a list of meeting attendees. During

    one-on-one meetings, Proposers may ask questions, and DDOT may provide immediate verbal responses.

    However, any written or verbal responses provided by DDOT during one-on-one meetings may not be relied

    upon.

    Due to the proprietary nature of these meetings, the agenda will not be subject to disclosure until after the

    award of the DBA.

    Although the discussions in these one-on-one meetings are intended to be confidential, nothing shall

    preclude DDOT from exercising any rights that it may have under this RFP, including the right to issue a

    clarification of the RFP, or an Addendum, as a result of what is discussed in such meetings.

    (.1.- Statements at Meetings Nothing stated at any pre-Proposal meeting or included in a written record or summary of a meeting will

    modify this ITP or any other part of the RFP unless it is incorporated in an Addendum issued pursuant to

    Section 2.3.2.

  • SECTION 2PROCUREMENT PROCESS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 2-5 DISTRICT DEPARTMENT OF TRANSPORTATION

    (.4 Ownership of Proposal, Confidentiality and FOIA (.4.% Ownership of Proposal and Applicability of FOIA The District of Columbia Freedom of Information Act (FOIA), District of Columbia Code (DC Code) 2-531-

    539, provides that any person has the right to request access to records. All public bodies of the District

    government are required to disclose public records, except for those records, or portions of records, that are

    protected from disclosure by the exemptions found at DC Code 2-534.

    Subject to the exceptions specified in this Section and in the FOIA, all written and electronic correspondence,

    exhibits, photographs, reports, printed material, tapes, disks, designs, and other graphic and visual aids

    submitted to DDOT during the procurement process, whether included in the Proposal or otherwise

    submitted will not be returned to the submitting parties. Proposers should familiarize themselves with the

    provisions of the FOIA requiring disclosure of public information and exceptions thereto. In no event shall the

    District of Columbia, DDOT, or any of their agents, representatives, consultants, directors, officers, or

    employees be liable to a Proposer or Proposer team member for the disclosure of any materials or

    information submitted in response to the RFP.

    (.4.( Disclosure Waiver Each Proposer, by submitting a Proposal to DDOT in response to the RFP, consents to the disclosures

    described in this ITP, including the disclosures in this Section and all other disclosures required by law, and

    expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding

    that may have the effect of impeding, preventing, or delaying such disclosure, under FOIA or any other law

    relating to the confidentiality or disclosure of information. Under no circumstances will DDOT be responsible

    for or liable to a Proposer or any other party as a result of disclosing any such materials. The Proposer further

    agrees to assist DDOT in complying with the disclosure requirements if it is the selected Successful Proposer.

    (.4.) Disclosure Process for Requests under FOIA All requests under FOIA for disclosure of the Proposals or information contained therein, shall be processed

    in accordance with the FOIA.

    (.6 DDOT Studies and Investigations To the extent DDOT undertakes any investigative activity before the Technical Proposal Due Date, the

    information obtained by DDOT from such activities may be made available to Proposers in the CDRs or RIDs, or

    supplements to the CDRs or RIDs. Specifically, DDOT makes no representation or warranty as to the accuracy,

    completeness, or suitability of the additional information. Proposers should independently verify any additional

    information.

    (.7 Examination of RFP Each Proposer shall be solely responsible for examining, with appropriate care and diligence, the RFP,

    including CDRs, RIDs and any Addenda and material posted on the Procurement Web site or Secure Site, and

    for informing itself about any and all conditions that may in any way affect the amount or nature of its

    Proposal, or the performance of the DB Contractors obligations under the DBA with the District. Each

    Proposer is also responsible for monitoring the Procurement Web site and Secure Site for information

    concerning this RFP and the procurement. The Proposal Letter (Form A) includes an acknowledgment that

    the Proposer has received and reviewed all materials posted thereon. Failure of the Proposer to so examine

    and inform itself shall be at its sole risk, and DDOT will provide no relief for any error or omission.

    The submission of a Proposal shall be considered prima facie evidence that the Proposer has made the

    above-described examination and is satisfied with the conditions to be encountered in performing the Work

    and with the requirements of the Contract Documents.

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    (.> Errors If any Error is identified by a Proposer at any time during the procurement process in any of the documents

    supplied by DDOT, the Proposer shall notify DDOT of the recommended correction or request for clarification

    in writing in accordance with Section 2.3.1.

    (.%? Improper Conduct (.%?.% Non-Collusion Neither the Proposer nor any of its team members shall undertake any of the prohibited activities identified

    in the Non-Collusion Affidavit (Form F).

    (.%?.( Organizational Conflicts of Interest The provisions of Title 27 of the District of Columbia Municipal Regulations (DCMR) 2220 and 2221 (1987,

    as amended), and the federal provisions of 23 CFR 636, regarding organizational conflicts of interest apply

    to this Project. Proposers are advised that the provisions may preclude certain firms and their subsidiaries

    and affiliates from participating on a Proposer team.

    By submitting its Proposal, each Proposer agrees that, if an organizational conflict of interest (as defined in

    the rules) is thereafter discovered, the Proposer must make an immediate and full written disclosure to

    DDOT that includes a description of the action that the Proposer has taken or proposes to take to avoid or

    mitigate such conflicts. If an organizational conflict of interest is deemed to exist, DDOT may, at its sole

    discretion, cancel the procurement, disqualify the Proposer with a conflict, or take other action as necessary

    to mitigate the conflict. If Proposer was aware of an organizational conflict of interest before the award of

    the DBA and did not disclose the conflict to DDOT, DDOT may pursue remedies under the DBA, including

    termination of the DBA, if applicable, for default.

    The list of consultants and subconsultants who have assisted DDOT in the development of the Project has

    been provided by the CO to the Proposers.

    (.%% Changes in Proposers Team The Proposers team, as identified in its SOQ, must remain intact for the duration of the procurement process

    in order for a Proposer to remain qualified to submit a Proposal, unless otherwise approved in writing by

    DDOT. If a Proposer wishes to make changes in the team members identified in its SOQ, including, without

    limitation, additions, deletions, reorganizations, and/or role changes, the Proposer shall submit to DDOT a

    written request for approval of the change from DDOT as soon as the Proposer is aware of the need to do so,

    but in no event later than the applicable last date set forth in Section 1.6. Any such request shall be

    addressed to DDOT at the address set forth in Section 2.2.1, accompanied by the information specified for

    such entities in the RFQ. If a request is made to allow deletion or role change of any Major Participant, Key

    Subcontractor or Key Personnel identified in its SOQ, the Proposer shall submit such information as may be

    required by DDOT to demonstrate that the changed team meets the applicable RFQ criteria and will provide

    the same or better levels of qualifications and experience as demonstrated in the Proposers SOQ, as

    determined in DDOTs sole discretion. The Proposer shall submit an original and five copies of each request

    package. DDOT is under no obligation to approve such requests and may approve or disapprove, in writing, a

    portion of the request or the entire request at its sole discretion, within 14 days of receipt of such request.

    If DDOT, in its sole discretion, disapproves any request for changes in Proposers team, the Proposer shall

    resubmit the information required above for the proposed substitute for review and approval by DDOT in

    accordance with the foregoing process at least ten (10) days before the Technical Proposal Due Date.

    The Proposal may not include any Major Participant, Key Subcontractor or Key Personnel previously

    disapproved for said position by DDOT in writing.

  • SECTION 3

    ADDENDUM #4 AUGUST 23, 2016 PAGE 3-1 DISTRICT DEPARTMENT OF TRANSPORTATION

    ) Alternative Technical Concepts and Visual Quality Concepts

    ).% Alternative Technical Concepts Alternative Technical Concepts (ATCs) are concepts that may conflict with the requirements for design and

    construction of the Project or otherwise require a modification of the Technical Provisions but that may

    nevertheless be proposed in accordance with the terms and conditions set forth in this ITP. This Section 3.1

    presents a process for pre-Proposal review of ATCs. The process is intended to allow Proposers to

    incorporate innovation and creativity into the Proposals.

    Except as noted in this Section, ATCs eligible for consideration hereunder shall be limited to deviations from the

    requirements of the RFP that result in performance and quality of the end product that is equal to or better

    than the performance and quality of the end product absent the deviation, as determined by DDOT in its sole

    discretion. A concept is not eligible for consideration as an ATC if, in DDOTs sole judgment, it is premised upon

    or would require or materially result in the following:

    1. A reduction in Project scope, performance or reliability (e.g. reducing the construction cost of the Work in a way that would increase the lifecycle costs of the Work);

    2. The addition of a separate DDOT Project to the RFP;

    3. An increase in the amount of time required for Substantial Completion of the Work under the DBA; or

    4. Any other requirements that the CO does not deem necessary for the Project.

    A proposed ATC will not be eligible if it would conflict with criteria agreed upon in the environmental

    decision-making process, as incorporated in the RFP. ATCs that, if implemented, would require further

    environmental evaluation of the Project or the concept has not been reviewed or approved for use on the NHS

    by FHWA, may be allowed, provided that the DB Contractor will bear the schedule and cost risk associated with

    such additional environmental evaluation or approvals. If the DB Contractor is not able to obtain the approvals

    necessary to implement the ATC, the DB Contractor will be obligated to develop the Project in accordance with

    existing approvals without additional cost or extension of time.

    Components of the Work not traditionally used by DDOT may be allowed if they have been proven successful

    by other Transportation Authorities located within similar weather and traffic environments in the United

    States. The DB Contractor shall demonstrate that the components will meet or exceed the Projects technical

    requirements.

    Any ATC that has been pre-approved during the Proposal preparation phase may be included in the Proposal,

    subject to the conditions set forth herein.

    If a Proposer is unsure whether a concept is consistent with the requirements of the RFP or if that concept

    would be considered an ATC by DDOT, DDOT recommends that Proposer submit such concept for review as a

    potential ATC.

    Proposers may submit questions relating to potential ATCs through the Questions and Response process

    outlined in Section 2.3.1, however any potential ATCs that the Proposer wishes to submit for DDOTs pre-

    approval must be submitted in accordance with Section 3.1.1.

    ).%.% Submission of ATCs The Proposer may submit ATCs for review to DDOTs POC specified in Section 2.2.1 until the applicable last

    date and time for submittal of ATCs identified in Section 1.6. All ATCs shall be submitted in writing, with a

    cover sheet identifying the Proposer and stating South Capitol Street Corridor Phase I Project Confidential

    ATCs. The Proposer shall clearly identify the submittal as a request for review of an ATC under this ITP. If the

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    Proposer does not clearly designate its submittal as an ATC, the submission will not be treated as an ATC by

    DDOT. The Proposer shall submit one electronic copy (.pdf format) on a write-protected USB flash drive and

    ten paper copies of the ATCs to the address listed in Section 4.1.6. ATC submittals shall include a narrative

    description of the ATC and technical information, including drawings, as described below:

    1. A sequential ATC number identifying the Proposer and the ATC number (multi-part, multi-option ATCs, or re-submissions of previously submitted ATCs shall be submitted as separate individual ATCs with unique

    sequential numbers).

    2. A detailed description and schematic drawings of the configuration of the ATC or other appropriate descriptive information, including necessary design exceptions or a traffic operational analysis, if

    appropriate.

    3. The locations where, and an explanation of how, the ATC will be used on the Project.

    4. References to requirements of the RFP that are inconsistent with the proposed ATC, an explanation of the nature of the deviations from said requirements, and a request for approval of such deviations.

    5. The analysis justifying use of the ATC and why the deviation(s), if any, from the requirements of the RFP should be allowed.

    6. A preliminary analysis and quantitative discussion of potential impacts on vehicular traffic (both during and after construction), environmental permitting, community impact, safety, and life-cycle Project and

    infrastructure costs, including impacts on the cost of repair, maintenance, and operation.

    7. If additional ROW will be required to implement the ATC, Proposers are advised that:

    a. Proposer shall be solely responsible for:

    i. the cost of additional ROW; and

    ii. obtaining any necessary Environmental Approvals.

    b. Proposer shall not be entitled to any Change Order for time or money as a result of:

    i. Site conditions (that is, Hazardous Substances, Differing Site Conditions, geotechnical issues and Utilities) on such additional ROW; or

    ii. any delay, inability, or cost associated with the acquisition of such ROW.

    8. A description of other projects where the ATC has been used, the degree of success or failure of such use, names, and contact information, including phone numbers and e-mail addresses for project owner

    representatives who can confirm such statements.

    9. A description of added risks to DDOT or third parties associated with implementing the ATC.

    10. An estimate of any additional DDOT, DB Contractor, and third-party costs associated with implementation of the ATC, including life-cycle costs.

    11. An estimate of the value added should the ATC be approved and implemented.

    12. An analysis of how the ATC is equal to or better in visual quality, quality and performance than the requirements of the RFP and Contract Documents, as applicable.

    The Proposer shall not make any public announcement or disclosure to third parties (for example,

    governmental authorities) concerning any ATC until the DBA has been awarded and the procurement process

    is completed.

    If implementation of an ATC will require approval by a third party, the Proposer shall have full responsibility

    for, and bear the full risk of, obtaining any such approvals after award of the DBA and submission of data;

    provided, however, that DDOT shall retain its role as liaison with any governmental authorities, including

    FHWA, as more particularly described in the Contract Documents. If any required third-party approval is not

  • SECTION 3ALTERNATIVE TECHNICAL CONCEPTS AND VISUAL QUALITY CONCEPTS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 3-3 DISTRICT DEPARTMENT OF TRANSPORTATION

    subsequently granted with the result that the Proposer must comply with the requirements of the original

    RFP, the Proposer will not be entitled to a Change Order for additional compensation or time under the DBA.

    If DDOT concludes, based on a proposed ATC or otherwise, that the RFP contains an error, ambiguity, or

    mistake, DDOT reserves the right to modify the RFP to correct the error, ambiguity, or mistake, regardless of

    any impact on a proposed ATC.

    ).%.( DDOT Review of Pre-Proposal Submission of ATCs DDOT may request additional information regarding proposed ATCs at any time and will, in each case, return

    responses to each Proposer regarding its ATC on or before the applicable last date set forth in Section 1.6,

    provided that DDOT has received all required and requested information regarding such ATC.

    DDOTs responses will be limited to one of the following statements:

    1. The proposed ATC is acceptable for inclusion in the Proposal.

    2. The proposed ATC is not acceptable for inclusion in the Proposal.

    3. The proposed ATC is not acceptable in its present form, but may be acceptable upon the satisfaction, in DDOTs sole discretion, if certain identified conditions are met or clarifications or modifications that must

    be made are provided.

    4. The submittal does not qualify as an ATC but may be included in the Proposers Proposal because it appears to be within the requirements of the RFP (provided however, that should it turn out that the

    concept as incorporated into the Proposal is not within the requirements of the RFP, DDOT reserves the

    right to require compliance with the requirements of the RFP, in which event the Proposer will not be

    entitled to modify its Proposal or obtain a Change Order for additional compensation or a time extension

    under the DB Contract).

    ).%.) Incorporation of ATCs in the Contract Documents Following Notice of Intent to Award, the ATCs that were pre-approved by DDOT and incorporated in the

    Proposal by the Successful Proposer shall be included in the Contract Documents, as applicable. If DDOT

    responded to any ATC by stating that it would be acceptable if certain conditions were met, those conditions

    will become part of the Contract Documents, as applicable. Notwithstanding anything to the contrary herein,

    if the DB Contractor does not comply with one or more DDOT conditions of pre-approval for an ATC, the

    DB Contractor will be required to comply with the original requirements of the RFP without additional cost or

    extension of time as set forth in the DBA.

    Following execution of the DBA, ATCs from unsuccessful Proposers that signed the Stipend Agreement may,

    in DDOTs sole discretion, be presented to the selected DB Contractor as a DDOT Change Order in accordance

    with the DBA, as applicable.

    ).%.- Confidentiality ATCs and all communications regarding ATCs will remain confidential in accordance with District Law and

    regulations.

    ).( Visual Quality Concepts1 VQCs shall represent the Proposers approach to meeting the Project Design Appearance Goals. This Section

    3.2 describes the process for pre-Proposal review of VQCs, the intent of which is to:

    1 Visual Quality Concepts process pending final rule making.

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    1. Allow Proposers to have flexibility in developing their proposed designs, while not compromising DDOTs Project Design Appearance Goals, Technical Provisions, or other goals related to the appearance of the

    Project.

    2. Allow DDOT and the Proposer to review, on a confidential basis, the Proposers VQCs through one-on-one meetings, to provide clarification feedback on such VQCs and clarify, by addendum, any

    misinterpretations or ambiguities in the RFP relating to Project Design Appearance Goals before the

    Proposers submission of their Technical Proposals.

    Each Proposer shall submit VQCs for review to DDOTs CO specified in Section 2.2.1 two weeks before the

    scheduled VQC one-on-one meeting set forth in Section 1.6. Each VQC submission shall be in the format

    described in Section 3.2.1.

    If a Proposer is unsure whether a concept is consistent with the requirements of the RFP, DDOT recommends

    that Proposer submit such concept for review as a VQC in accordance with the requirements of this section.

    From time to time during this procurement process, DDOT will solicit independent, confidential review of

    VQCs by the specially formed independent Aesthetic Review Group and may solicit confidential review by

    other independent technical advisors, who will be required to sign a non-disclosure agreement, as DDOT

    deems necessary.

    Proposers may submit questions relating to potential VQCs through the Questions and Response process

    outlined in Section 2.3.1, however any potential VQCs that the Proposer wishes to submit for DDOTs review

    and comment must be submitted in accordance with Section 3.2.1.

    ).(.% Submission of VQCs VQCs shall be submitted in writing, with a cover sheet identifying the Proposer, the VQC number, and stating

    South Capitol Street Corridor Phase I Project Confidential VQCs. The Proposer shall clearly identify the

    submittal as a request for review of a VQC under this ITP. If the Proposer does not clearly designate its

    submittal as a VQC, the submission will not be treated as a VQC by DDOT. Other than the cover sheet, the

    submittal shall not include any information that discloses the Proposers identity. VQC submittals shall

    consist of 10 hard copies and 2 electronic copies, as viewable portable document format (pdf) file on CD or

    thumb drive, of the submittal information described below.

    All VQC text shall be in English in a standard font, a minimum of 12 points in height. Pages shall be 8-inch x

    11-inch white paper printed double-sided, with simple lettered/numbered dividers for each

    section/subsection. The Proposer shall number each page consecutively.

    Drawings, charts, and visualizations shall be submitted in horizontal format on 11-inch x 17-inch white paper.

    The Proposers drawings shall be presented in English units and shall be at a scale consistent with DDOT

    standards.

    Preparation of video fly-through presentations will be accepted and shall not exceed three minutes in length.

    Submission of physical massing models will be accepted but shall not exceed 36 inches in any dimension, and

    each model shall be accompanied by and fully enclosed by a sturdy, fully opaque storage box.

    ).(.%.% First VQC Submittal Requirements

    The purpose of the first VQC submittal and subsequent presentation is to give each Proposer the opportunity

    to confidentially present their proposed aesthetic design concepts and explain how these concepts

    accomplish the objectives of the Project Design Appearance Goals. The first VQC submission shall include the

    following:

    1. A narrative description of the VQC including how it meets or exceeds each of the Project Design Appearance Goals, not to exceed 20 pages in length.

    2. Preliminary layout drawings showing how the Proposers VQC complies with the Technical Provisions. The drawings shall include a minimum of:

  • SECTION 3ALTERNATIVE TECHNICAL CONCEPTS AND VISUAL QUALITY CONCEPTS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 3-5 DISTRICT DEPARTMENT OF TRANSPORTATION

    a. The proposed Project horizontal alignment within the present-day conditions and future anticipated urban context

    b. The proposed Frederick Douglass Memorial Bridge deck plan, structure elevation, superstructure cross section, pier elevations, and pier sections

    c. Detailed section of the proposed bridge railing with pedestrian and bicycle facilities

    d. Detailed section of the bridge underpass with pedestrian and bicycle facilities at the waterfront (east and west)

    3. Three-dimensional images that illustrate the VQC, including:

    a. Aerial perspectives of bridge and ovals from the east and west orientation

    b. Perspective view of the south elevation of the bridge taken from a viewpoint at the elevation of the water

    c. Perspective views of the approach to the bridge from the viewpoint of an automobile driver (east and west)

    d. Perspective view of the north elevation of the bridge taken from a viewpoint at Yards Park

    e. Perspective details of bridge piers

    4. Illustrations or sketches of key components for consideration by DDOT.

    ).(.%.( Second VQC Submittal Requirements; Third Optional VQC Submittal Requirements

    The purpose of the second and third VQC submittals and related presentations are to give Proposers an

    opportunity to explain how they have modified and further developed the VCQs to address DDOTs response

    to the prior VQC submittals. The submittals shall include the following:

    1. A narrative description of the VQC not to exceed 20 pages in length, including:

    a. A description of modifications to the VQC following the first VQC submission; and

    b. How the VQC meets or exceeds each of the Project Design Appearance Goals.

    2. Revised preliminary layout drawings showing how the Proposers VQC complies with the Technical Provisions. The drawings shall include a minimum of:

    a. The proposed Project horizontal alignment within the present-day conditions and future anticipated urban context

    b. The proposed Frederick Douglass Memorial Bridge deck plan, structure elevation, superstructure cross section, pier elevations and pier sections

    c. Detailed section of the proposed bridge railing with pedestrian and bicycle facilities

    d. Detailed section of the bridge underpass with pedestrian and bicycle facilities at the waterfront (east and west)

    3. Three-dimensional images that illustrate the VQC, including:

    a. Aerial perspectives of bridge and ovals from the east and west orientation;

    b. Perspective view of the south elevation of the bridge taken from a viewpoint at the elevation of the water;

    c. Perspective views of the approach to the bridge from the viewpoint of an automobile driver (east and west);

    d. Perspective view of the north elevation of the bridge taken from a viewpoint at Yards Park;

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    e. Perspective details of bridge piers; and

    f. Photographic representations of the VQC, using base photographs to be provided by DDOT.

    4. Illustrations or sketches of key components, including representative visual design approach to:

    a. Bridge elements; b. Landscape elements; c. Streetscape elements; d. Bicycle and pedestrian elements; e. Waterfront access and edge elements; and f. Cultural interpretation elements related to the Frederick Douglass legacy.

    5. Illustration of any other visual components for consideration by DDOT which help illustrate Project Design Appearance Goals

    ).(.( VQC One-on-One Meetings Proposers will be required to attend a minimum of one confidential VQC one-on-one meeting. The meetings

    will be scheduled on mutually agreeable dates around the periods set forth in Section 1.6 and on such other

    dates designated by DDOT in writing to Proposers. VQC one-on-one meetings will be conducted according to

    the requirements of Section 2.5.2. Questions and responses during VQC one-on-one meetings will be

    conducted according to Section 2.5.3. Proposers shall prepare a draft meeting agenda for DDOTs review one

    week in advance of the meeting and identify all meeting participants.

    The CO may invite other attendees that the CO deems useful to the VQC one-on-one meetings.

    ).(.(.% Second VQC One-on-One Meeting

    In the event that the Proposer submits a revised VQC in response to the results of the initial VQC meeting or

    written comments issued after the meeting, the CO shall hold a second VQC meeting with the Proposer and

    may seek confidential review of the revised VQC. Following the second VQC meeting and any confidential

    review, the CO shall provide written comments to the Proposer regarding whether the Proposers revised

    VQC meets the Project Design Appearance Goals set forth in the RFP.

    ).(.(.( Third VQC One-on-One Meeting

    The CO may allow the submission of a third revised VQC in response to the results of the second VQC

    meeting or written comments issued after the second VQC meeting. In the event that the Proposer is allowed

    to submit a third revised VQC, the CO may hold a third VQC meeting with the Proposer and may seek

    confidential review of the third revised VQC. Following any third VQC meeting and any confidential review,

    the CO shall provide written comments to the Proposer regarding whether the Proposers additional revised

    VQC meets the Project Design Appearance Goals set forth in the RFP.

    ).(.) DDOT Review of VQCs In reviewing the VQCs, DDOT will consider the Project Design Appearance Goals, objectives and minimum

    requirements, and will not assign quantitative or adjectival ratings. DDOT will provide verbal clarification and

    feedback at the one-on-one VQC meetings. Following the one-on-one meeting, the CO shall provide written

    comments regarding whether the VQCs meet the Project Design Appearance Goals set forth in this RFP. Any

    verbal or written comments issued by the CO at the one-on-one meeting, or following the one-on-one

    meeting, may not be relied upon to indicate the approval or rejection, in whole or in part, of the VQCs.

    DDOTS review of the VQC shall not constitute the COs acceptance or evaluation of the VQC. The evaluation

    process is set forth in Section 5 herein. Nothing communicated by DDOT during the DDOT review of the VQC

    in accordance with Section 3.2 shall compel the evaluation committees recommendation to the CO, or the

    COs independent evaluation of the VQC.

  • SECTION 3ALTERNATIVE TECHNICAL CONCEPTS AND VISUAL QUALITY CONCEPTS

    ADDENDUM #4 AUGUST 23, 2016 PAGE 3-7 DISTRICT DEPARTMENT OF TRANSPORTATION

    DDOTs feedback on a pre-Proposal submission of a VQC will not entitle Proposer to an extension of the

    Technical Proposal Due Date or the date that the VQCs are due, provided, however, that the foregoing shall

    not limit DDOTs absolute and sole right to modify the Technical Proposal Due Date or any other date in

    connection with this procurement.

    If a Proposer wishes additional clarifications with respect to visual quality or with respect to other changes,

    the Proposer shall provide a written request for clarifications under Section 2.3.1.

    ).(.- Confidentiality Subject to the provisions of the PPRA and DCMR (as amended), VQCs and all communications regarding VQCs

    will remain confidential until a decision is made to select a Proposer or cancel the procurement, at which

    time all confidentiality rights, if any, shall be of no further force and effect, except as otherwise allowed

    under the FOIA and Section 2.6 of this ITP. The foregoing shall not preclude DDOT from modifying the

    documents as necessary to comply with applicable law or to account for information obtained by DDOT

    outside of the VQC process.

  • SECTION 4

    ADDENDUM #4 AUGUST 23, 2016 PAGE 4-1 DISTRICT DEPARTMENT OF TRANSPORTATION

    - Requirements for Submittal of Proposals and Acceptance of Delivery by DDOT

    -.% General Submittal Requirements Each Proposal shall include a Technical Proposal and a Price Proposal meeting the requirements set forth in

    Exhibits B and C, respectively. The Proposal shall be submitted in sealed containers or boxes in the format

    and manner set forth in Sections 4.1.5, 4.2 and 4.3.

    -.%.% Technical and Price Proposal Due Date The completed Technical and Price Proposals shall be delivered no later than the due date and time specified

    in Section 1.6.

    -.%.( Signatures Required The Proposal Letter (Form A) shall be signed and shall be accompanied by evidence of signatory authorization

    as specified in Form A.

    -.%.) Consequences of Failure to Follow Requirements Failure to use sealed containers or boxes or to properly identify the Proposal may result in unintended

    disclosure of information contained in the Proposal and/or disqualification of the Proposal. The Proposer

    shall be entirely responsible for any consequences, including disqualification of the Proposal, which result

    from DDOT concluding that the Proposer did not follow the foregoing instructions. It is Proposers sole

    responsibility to see that its Proposal is received as required.

    -.%.- Requirements to Submit Compliant Proposal If the Proposal does not fully comply with the instructions and rules contained in these ITP, including the ITP

    Exhibits, it may be disqualified.

    If a Proposal is deemed unacceptable, DDOT may disqualify the Proposal from further consideration, in its sole

    discretion. Such disqualification will not result in the forfeiture of Proposers Proposal Security.

    Each Proposal must be submitted in the format that is specified by DDOT in this ITP. The Proposer shall sign

    the original copy of the Proposal submitted to DDOT. Multiple or alternate proposals shall not be submitted.

    -.%.1 Format The Proposal shall contain concise written material and drawings enabling a clear understanding and

    evaluation of the capabilities of the Proposer and the characteristics and benefits of the Proposal. Legibility,

    clarity, and completeness of the Technical Proposal and Price Proposal are essential. The Technical Proposal

    shall not exceed the page limitation set forth in Exhibit B, Section 2.0. No page limit applies to appendices

    and exhibits or the Price Proposal; however, DDOT will not review any information in appendices and exhibits

    other than those required to be provided, and the Proposal evaluation process will focus on the body of the

    Proposal and any required appendices and exhibits.

    An 8 -by-11-inch format is required for typed submissions and an 11-by-17-inch format is required for

    drawings, except that any support letters provided from parties outside the United States may be submitted

    in International Organization for Standards (ISO) A4 format. Preliminary schedule submissions shall include

    both a hard copy and the electronic files necessary to view and manipulate the schedule in Primavera P6,

    Version 8, or latest at time of release of final RFP.

    Submittals must be bound, with all pages in a binder sequentially numbered. Printed lines may be single-

    spaced, with the type font size being no smaller than 12 point, other than in tables and figures, which may be

    prepared using 10-point font size type. The use of 11-by-17-inch foldouts for tables, graphics, and maps is

  • SOUTH CAPITOL STREET CORRIDOR PHASE I RFP

    ADDENDUM #4 AUGUST 23, 2016 PAGE 4-2 DISTRICT DEPARTMENT OF TRANSPORTATION

    acceptable in the main body of the Proposal. Each 11-by-17-inch foldout will be considered 1 page.

    Appendices may be bound separately in a second binder (11x17).

    -.%.4 Additional Requirements for Proposal Delivery The Technical Proposal and Price Proposal are to be delivered no later than the date and time specified in

    Section 1.6 to DDOT at the following address:

    Mr. Stephen Wishod

    Contracting Officer

    Office of Contracting and Procurement

    District Department of Transportation

    55 M Street SE

    4th Floor Bid Room

    Washington D.C. 20003

    Each binder of the Proposal shall be labeled to indicate its contents and the Proposer. The original Technical

    and Price Proposals shall be clearly identified as original; copies of the Proposals shall be sequentially

    numbered, labeled, and bound.

    -.%.6 Proposal Validity Period Each Proposal shall initially be valid for acceptance by DDOT for a period of 120 days after the Price Proposal

    Due Date (the Proposal Validity Period). If a Proposer is notified of failure to conclude an award to a higher

    ranked Proposer during the 120-day period in accordance with Section 5.7, the notified Proposers Proposal

    shall be valid for acceptance for a period of 180 days after the Price Proposal Due Date without unilaterally

    varying or amending its terms and without any member or partner withdrawing or any other change being

    made in the composition of the partnership/joint venture/limited liability company/consortium on whose

    behalf the Proposal is submitted, without first obtaining the prior written consent of DDOT, in DDOTs sole

    discretion.

    -.( Technical Proposal -.(.% General All of the binders composing the Technical Proposal, together with the electronic copies, shall be labeled

    [Proposer Name]: Technical Proposal for South Capitol Street Corridor Phase I Project. The Proposer shall

    provide one signed original with 10 numbered copies of the Technical Proposal. Two electronic copies of the

    Technical Proposal shall be provided in pdf format on write-protected USB flash drive with the following

    exceptions: (a) corporate, partnership, JV, and limited liability company documents (for example, articles of

    incorporation, bylaws, partnership agreements, JV agreements, and limited liability company operating

    agreements) may be submitted in hard copy and need not be submitted electronically.

    -.) Price Proposal -.).% General All of the binders comprising the Price Proposal, together with the electronic copies, shall be labeled

    [Proposer Name]: Price Proposal for South Capitol Street Corridor Phase I Project. The Proposer shall

    provide one signed original with 3 numbered copies of the Price Proposal. The original Proposal Security shall

    be provided in a separately sealed envelope. The Contract Price Details (including electronic copies) shall be

    provided in a separately sealed envelope. Two electronic copies of the Price Proposal shall be provided in pdf

    format on write-protected USB flash drive, with the following exceptions: (a) Forms are to be provided in

    Microsoft Excel format. All required pricing, financial, and cost information shall be provided in U.S. (US$)

    currency only, rounded to the nearest whole dollar.

  • SECTION 4REQUIREMENTS FOR SUBMITTAL OF PROPOSALS AND ACCEPTANCE OF DELIVERY BY DDOT

    ADDENDUM #4 AUGUST 23, 2016 PAGE 4-3 DISTRICT DEPARTMENT OF TRANSPORTATION

    -.- Proposal Security -.-.% General As a guaranty of its commitment to enter into the DBA in accordance with its commitments under its

    Proposal if it becomes the Successful Proposer, each Proposer shall submit with the Price Proposal a proposal

    bond as described in Exhibit C, Section 4.0 (Proposal Security).

    -.-.( Forfeiture of Proposal Security By submitting its Proposal, each Proposer understands and agrees to the conditions for forfeiture of the

    Proposal Security as described in Form K.

    -.-.) Return of Proposal Security Each Proposal Security will be retained until the earlier of: (i) the end of the Proposal Validity Period, or such

    date as extended in accordance with Section 4.1.7 as applicable; and (ii) the date the Contract is awarded;

    after which the Proposal Security for each unsuccessful Proposer, except such Proposal Security that has

    been forfeited, will be returned to the respective Proposers. The Proposal Security for the Successful

    Proposer shall be returned at such time as the Proposer has satisfied all conditions of execution and award

    set forth in ITP Section 6.1. ). If a Proposer is notified of failure to conclude an award to a higher ranked

    Proposer during the initial 120-day period, the notified Proposer shall obtain an extension of the Proposal

    Security for the period until 180 days after the Price Proposal Due Date.

    -.1 Acceptance of Delivery by DDOT DDOT will provide a time and date stamped receipt for Proposals delivered to DDOT as specified herein.

    -.4 Costs Not Reimbursable The cost of preparing the Proposal and any costs incurred at any time before final award and execution of the

    DBA, including costs incurred for any meetings, ATCs, and VQCs, shall be borne by the Proposer, except for

    any stipend paid by DDOT in accordance with Section 6.3.

  • SECTION 5

    ADDENDUM #4 AUGUST 23, 2016 PAGE 5-1 DISTRICT DEPARTMENT OF TRANSPORTATION

    1 Evaluation and Post-Selection Process

    1.% Evaluation Process 1.%.% Evaluation Process Overview The District intends to award a single contract resulting from this solicitation, based on the evaluation criteria

    specified herein.

    The CO will determine the basis of award in accordance with 27 DCMR 1632, after evaluation of the

    proposals, using only the criteria and weightings stated in the RFP. The CO may elect to proceed with any

    method of negotiations, discussion or award of the contract without negotiations, which is set forth in

    subsections (a), (b), (c), or (d) of section 1632.1.

    Point scores shall be determinative of the award.

    The CO will administer the following process in accordance with 27 DCMR 1600, 23 CFR 636 and the PPRA

    as follows:

    1. Proposals will be logged in at the date and time they are received per Section 4.1.6.

    2. The Evaluation Committee (EC) will evaluate the Technical Proposals and assign Technical Proposal scores based on the criteria set forth in Section 5.2.1 and Section 5.2.2. The EC will provide its recommendation

    to the CO.

    3. The CO will review the recommendations of the EC and complete his own independent review of the Technical Proposals. The CO will assign Technical Proposal scores to each proposal.

    4. Following Technical Proposal sc