AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT

Transcription

1 AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR PROPOSALS to PROVIDE PROFESSIONAL SERVICES for WWTP EFFLUENT DISINFECTION DESIGN-BUILD PROJECT 5 March 2012 RFP NO. FY R.ESD-WW Andra Samoa Chief Executive Officer

2 Page 2 of 39 Table of Contents Title Page...1 Table of Contents...2 Notice to Offerors...3 Proposal Invitation...4 Special Reminder to Prospective Offerors...5 Significant Dates...7 General Terms and Conditions...8 Proposal Transmittal Form (Attachment A)...19 Scope of Work (Attachment B)...20 Offeror Qualification Form (Attachment C)...23 United States Environmental Protection Agency Administrative Order Nos. CWA-309(a) [Tafuna STP] and CWA-309(a) [Utulei STP] (Attachment D)..30 United States Environmental Protection Agency Wage Conditions (Attachment E) 31 Performance Bond Form (Attachment F)..36 Payment Bond Form (Attachment G).38

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4 Page 4 of 39 PROPOSAL INVITATION IOANA S. ULI, MANAGER, PROCUREMENT OFFICE AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT P.O. BOX PPB PAGO PAGO, AS (684) ioana@aspower.com DATED ISSUED: FY R.ESD-WW PROPOSAL INVITATION NO: RFP No. INSTRUCTIONS: 1) This REQUEST FOR PROPOSALS shall require a detailed Budgeted Cost Proposal to be submitted in a separate sealed envelope, box, or other enclosure. 2) All required submittals, including the Budgeted Cost Proposal must be addressed to the ASPA Procurement Manager at the above listed address. 3) An original, one electronic pdf copy, and five (5) hard copies of the complete proposal must be received at the ASPA Procurement Office no later than 2:00 p.m. on April 3, ) The envelope or box must be labeled RFP No. FY R.ESD-WW WWTP Effluent Disinfection Design-Build Project. 5) Late submittals will not be opened or considered and will be determined as non-responsive. 6) All Offerors shall provide sufficient written and verifiable information that responds to the requirements set forth herein. 7) Any and all pre-proposal questions and/or clarifications shall be submitted to ioana@aspower.com or the Procurement Manager in writing (through electronic mail or hard copy) prior to the closing date set forth above. 8) Questions and/or clarifications are welcome and should be submitted no later than 19 March ) The ASPA shall issue addenda to address questions and/or clarifications as needed on 26 March NOTE TO OFFERORS: This proposal is subject to the attached General Terms and Conditions of RFP No. FY R.ESD- WW WWTP Effluent Disinfection Design-Build Project. The undersigned offers and agrees to furnish within the time specified, the services and deliverables at the price stated opposite the respective terms listed on the schedule of the cost proposal. In consideration of the expense to the American Samoa Power Authority in opening, tabulating, and evaluating this and other proposals, and other considerations such as the schedule, the undersigned agrees that this proposal shall remain firm and irrevocable within Ninety (90) calendar days from the closing date to provide any or all of the deliverables and services for which prices are quoted. Signed: Date:

5 Page 5 of 39 AMERICAN SAMOA POWER AUTHORITY SPECIAL REMINDERS TO PROSPECTIVE OFFERORS Offerors are reminded to read the Proposal Invitation Instructions and General Terms and Conditions attached to the RFP and to verify that each submittal requirement (see boxes to be checked below) of the RFP is submitted in the submittal envelope prior to the date and time of proposal opening. [ ] 1. PROPOSAL FORMS a. Proposal Invitation Form (Page 4) b. Proposal Transmittal Form (Attachment A) c. Offerors Qualification Sheet (Attachment C) [ ] 2. DESIGN PHASE ERRORS AND OMMISSIONS INSURANCE The Offeror shall submit a proposal which includes an errors and omissions insurance certificate with coverage in an amount considered reasonable by recognized industry standards and in no event less than the amount of the design phase portion of the work. Each proposal should include a written letter of assurance that the Offeror will, upon acceptance of their proposal, execute such contractual documents as may be required within the time specified. [ ] % PERFORMANCE AND PAYMENT BONDS The Offeror shall submit performance and payment bonds for 100 percent of the contract price for the construction phase. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor s obligations under such contract. The Offeror shall submit a payment bond on the part of the contractor for 100 percent of the contract price for the construction phase. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. The Offeror shall submit a performance bond on the part of the contractor for 100 percent of the contract price for the construction phase. The form of performance and payment bonds will be provided by the ASPA to the successful Offeror. A ten percent (10%) cash retention shall be held on payments to the contractor for the value of work done and materials delivered to the site. [ ] 4. BUSINESS LICENSE Per Section XVII of this document, the Offeror shall submit a current business license from American Samoa, one of the 50-US States, or another US Territory. [ ] 5. TECHNICAL PROPOSAL The Technical Proposal shall follow the Scope of Work as outlined in Attachment B of this document. [ ] 6. CONTRACT COST PROPOSAL The Offeror shall submit a separately sealed cost proposal for the proposal. [ ] 7. SPECIAL REMINDER FORM This form must be completed and submitted. BOND FORMS In order to be valid, all insurance certificates and surety bonds required by the ASPA, must be accompanied by: Current certificate of Authority issued by the insurance commissioner of the State where the surety has its primary place of business together with evidence acceptable to the ASPA that applicable bonds will be valid in American Samoa,

6 Page 6 of 39 Power of Attorney issued by the Surety to the Resident General Agent, and Power of Attorney issued by two (2) major officers of the Surety to whoever is signing on their behalf. NOTICE TO ALL INSURANCE AND BONDING INSTITUTIONS: All bonds must be accompanied by or include, as applicable, the signatures of the Offeror, two (2) Major Officers of the Surety and the Resident General Agent, if the Surety is a foreign or alien surety. When the form is submitted to the American Samoa Power Authority, it should be accompanied with copies of the following: 1. Current Certificate of Authority to do business in American Samoa issued by the Department of Revenue and Taxation. 2. Power of Attorney issued by the Surety to the Resident General Agent. 3. Power of Attorney issued by two (2) Major Officers of the Surety to whoever is signing on their behalf. The Errors and Omissions Insurance Certificate must be effective no later than the proposal opening date. The Performance and Payment Bonds must be dated and executed effective on or after the date that a construction contract is entered into between such Offeror and the ASPA for the construction phase. The NOTICE TO PROCEED will not be transmitted to the Contractor until all required insurance for the design phase and bonds for the construction phase are in place. Failure to obtain required bonds within 10 days of the proposed start of the construction phase may result in contract termination and damages recoverable by the ASPA. All required forms must be signed and returned within the proposal envelope. Failure to comply with these requirements may result in disqualification or rejection of the proposal. I, the duly authorized representative of, acknowledge receipt of this special reminder to prospective Offerors together with RFP No. FY R.ESD-WW WWTP Effluent Disinfection Design-Build Project as of this date, Signature of Offeror s Representative

7 Page 7 of 39 SIGNIFICANT RFP DATES The following are significant anticipated Scheduling and Contract Dates for this RFP: 3 March 2012: Proposal advertisement. 19 March 2012: 4:00 p.m. deadline for submitting questions/inquiries/clarifications. 26 March 2012: Issue addenda to address questions and or clarifications as necessary. 3 April 2012: Proposal submittal closing date (2:00 pm American Samoa Time). 9 April 2012: SEB submits recommendations to Procurement Manager. 13 April 2012: Procurement manager reviews SEB recommendation and, with concurrence, submits recommendation to Board through the CFO for review, approval and final decision. 16 April 2012: Award project to selected Offeror (send Notice of Award to Offeror). 23 April 2012: Contract execution. 25 April 2012: Notice to Proceed (send to Contractor). 25 April 2012: Effective commencement date of Contract.

8 Page 8 of 39 AMERICAN SAMOA POWER AUTHORITY GENERAL TERMS AND CONDITIONS for WWTP EFFLUENT DISINFECTION DESIGN-BUILD PROJECT RFP NO. FY R.ESD-WW I. INTRODUCTION A. In order to fully comply with its legal and regulatory obligations under the 1972 Federal Clean Water Act (CWA) which authorizes National Pollutant Discharge Elimination System (NPDES) Permit No. AS (Utulei STP), USEPA Administrative Order No. CWA-309(a) for the Utulei STP, NPDES Permit No. AS (Tafuna STP), and Administrative Order Nos. CWA-309(a) for the Tafuna STP, the American Samoa Power Authority (ASPA) hereby issues this Request for Proposals (RFP). B. With this RFP, the ASPA will select and contract with an experienced wastewater engineering services consultant who can provide design-build services for waste water treatment plant predischarge effluent disinfection and de-chlorination systems at both of the ASPA s WWTPs (Utulei, Tafuna). It is therefore required that a work plan which specifically and completely addresses the tasks which are listed in the Scope of Work (see Attachment B)of this document shall be submitted with the Offeror s cost proposal. C. This RFP describes the specifications for the services to be provided in sufficient detail to permit full and open competition and to allow qualified Offerors to properly respond to the requirements of the RFP/RFQ. D. The selected Offeror shall have documented experience in the design and construction of USEPA-approved wastewater effluent disinfection and de-chlorination systems. E. To the extent possible, prior-experience documentation should be presented in the Offeror s proposal with respect to the following criteria: 1. Previous design and construction projects as specified in the Scope of Work (see Attachment B). 2. Previous work experience in American Samoa. 3. Professional and supervisory technical staff to be used for proposal and work plan completion should be listed with any previous work experience in American Samoa and have demonstrated experience on similar projects elsewhere; and 4. The capabilities and experience of all local subcontractors who may be utilized for any portions of the work must also be documented in the Offeror s proposal. F. A complete description of required services and deliverables is listed in the attached Scope of Work which is incorporated herein (see Attachment B). II. PROJECT BACKGROUND INFORMATION A. The CWA required the U.S. Environmental Protection Agency (USEPA) to implement a permitting system to manage wastewater discharge from municipal and industrial sources into water bodies of the United States. B. That permit system is called the National Pollutant Discharge Elimination System (NPDES). 1. NPDES permit conditions (AS Utulei, and AS Tafuna) for the ASPA s waste water treatment plants (WWTPs) permit the discharge of treated

9 Page 9 of 39 wastewater effluents into receiving waters of the United States when those treated effluents meet or exceed specified contaminant and water quality standards criteria. 2. Existing NPDES permits for the Utulei (AS ) and Tafuna (AS ) WWTPS include waivers from secondary treatment known as Section 301(h) waivers. 3. The 301(h) waivers allow the Utulei and Tafuna WWTPs to discharge primary treated wastewater without meeting secondary treatment requirements. C. The term of an NPDES Permit is 5 years, and the discharger must apply for permit renewal prior to the expiration of an existing permit. 1. The ASPA submitted permit renewal applications to the USEPA for both the Utulei and Tafuna WWTPs in USEPA routinely extends the term of a permit during the permit renewal process, and has done so for the Utulei and Tafuna WWTPS. 3. USEPA will normally require one or two years in order to renew a NPDES permits, and sometimes longer. 4. For the Utulei and Tafuna WWTPs, the 301(h) waiver process has substantially lengthened the time required for NPDES Permit renewal. a. Discharges must continue to meet all permit requirements during the NPDES renewal process. b. Permit conditions may not be modified during a renewal period. D. On January 14, 2009, the USEPA issued a Tentative Decision to Deny (TDD) the 301(h) waivers for Utulei and Tafuna WWTPs. E. On July 27, 2011, the USEPA issued Administrative Order CWA-309(a) (Tafuna STP) and Administrative Order CWA-309(a) (Utulei STP). 1. Administrative Order Nos. CWA-309(a) and CWA-309(a) clearly identify the requirement for ASPA to design and construct all necessary equipment and systems as are required to disinfect and de-chlorinate all treated effluents from the Tafuna STP and the Utulei STP. 2. Additional requirements of Administrative Order Nos. CWA-309(a) and CWA- 309(a) require the ASPA to address collection system I&I issues and ocean outfall terminus zone of initial dilution issues. 3. Specific progress and compliance dates are identified within Administrative Order Nos. CWA-309(a) and CWA-309(a) for the Scope of Work. III. AUTHORITY A. The ASPA was formally established through legislative action by the American Samoa Government (ASG) in B. The ASPA generates and distributes electrical power and provides water, wastewater, and solid waste services for the islands of American Samoa. 1. As a separate and semi-autonomous authority, the ASPA was established to afford better accountability for the utility s operations and cost of service. 2. The ASPA is governed by a five-member Board of Directors, each of whom are appointed by the Governor and confirmed by the legislature. 3. The ASPA s utility rates are developed and promulgated in accordance with ASG Administrative Procedures Act (ASCA et. seq.) and specific guidelines within the Public Utility Regulatory Policies Act ( PURPA ) for electricity.

10 Page 10 of 39 IV. SUBMITTALS A. The Offeror shall submit a completed Special Reminders to Prospective Offerors form from Page 5 of this document. B. The Offeror shall submit a completed Attachment A Proposal Transmittal Form. C. The Offeror shall submit a budgeted proposal that completely addresses the requirements of Attachment B, The Scope of Work. D. The Offeror shall submit information as required on Attachment C, the Offeror Qualification Form. V. DATE/TIME/PLACE OF PROPOSAL SUBMITTAL AND PROPOSAL OPENING A. Each Offeror must submit its proposal in a sealed envelope addressed to: Ms. Ioana Uli ASPA Procurement Manager P.O. Box PPB Pago Pago, AS B. An original, one electronic pdf copy, and five (5) hard copies of the proposal must be received in the Office of Procurement no later than 2:00 p.m. local time on or before 3 April C. Late submittals will not be opened or considered and will be determined as non-responsive. D. All Offerors shall provide sufficient written and verifiable information that responds to the requirements of the RFP, and in accordance with the SOW. VI. PRE-PROPOSAL QUESTIONS A. Any pre-proposal questions and/or clarifications shall be submitted in writing to Ioana@aspower.com through electronic mail or in hard copy to the address listed above in Sec. V., Part A of this document. B. Pre-proposal questions must be received no later than 4:00 p.m. on 19 March The ASPA will then issue addenda to address any questions and/or clarifications as may be necessary. VII. ADDENDA A. The ASPA reserves the right to issue addenda for any changes to this RFP. B. Offerors will be requested to send a signed Receipt of Addenda to the ASPA for each addendum that may be issued. VIII. PROPOSAL PREPARATION INSTRUCTIONS A. The proposal must contain four (4) parts as follow: 1. Technical/Logistical Plan: a. Offerors must list and delineate the specific actions which will be undertaken to achieve the goals and objectives of the Scope of Work. All actions taken to complete the Scope of Work must meet scheduling requirements as indicated in the USEPA Administrative Orders. b. Labor, material, and equipment capabilities and all related issues should be identified and addressed with specificity. 2. Prior Related Experience/Past Performance:

11 Page 11 of 39 a. A description of the Offeror firm s related experience must be provided. b. A dossier of personnel qualifications and professional credentials for all personnel who will perform the Scope of Work as requested on Attachment C, The Offeror Qualification Sheet, must be listed. c. Attachment C must include a list of three or more references and a project history to document a minimum of ten (10) years of specifically related experience. d. Offerors must hold an appropriate and current American Samoa, or U.S. State or Territory business license for the requested professional services. 3. Subcontractors: a. Where use of a subcontractor is intended, the Offeror shall identify the tasks to be subcontracted and supply the complete name, business address, and license classification of the subcontractor. b. Subcontractors may include, but are not limited to, the following: 1) Electro-mechanical equipment designers and installers, 2) Sewer system installation, pumping, and cleanout contractors, 3) Underwater diving personnel, 4) Analytical laboratories 5) Geo-technical consultants 6) Control and SCADA system specialty personnel 7) Air-freight shippers, and 8) Marine charter service providers. c. Where the Offeror has not specified a subcontractor for any part or portion of the work to be performed, the Offeror warrants that such work shall be performed entirely by the Offeror. 4. Proposed Price: a. The Offeror s price submittal shall be presented in a breakdown format. b. The proposed price breakdown should identify all Scope of Work costs in sufficient detail for major work components including at a minimum: 1) Professional services, 2) Personnel travel, lodging and per diems, 3) Monitoring/Sampling equipment, 4) Incidental materials, 5) Construction costs, including unit costs for discrete equipment or proposed improvements such as manholes, lineal footage of pipe, disinfection equipment, dechlorination equipment, contact chambers, disinfection equipment storage facilities, surge tanks, WWTP equipment, lift station repairs, electrical work, SCADA and control work, etc. 6) Shipping fees for materials and equipment, and 7) Transportation in American Samoa waters as needed.

12 Page 12 of All proposals should include the cost of a minimum one-year equipment and workmanship warranty, or length of warranty as provided by the contractor, manufacturer, or supplier. Warranties shall include the cost of all parts, labor, equipment, shipping, and onsite visits to repair or replace any deficient equipment, material, or workmanship and include, at a minimum, at least one site visit by the contractor within one (1) year of substantial completion ordered at the ASPA s sole discretion. B. Offerors shall prepare their proposals in detail accordingly. a. Unit costs based on detailed work items shall be included. b. Work items and quantities may be added or deleted by the ASPA. IX. CONTRACT AND PAYMENT TERMS A. The term for this contract shall not exceed 450 days. B. The contract term shall be initiated by the issuance of a Notice to Proceed by the ASPA at which time a contract completion date will be established. C. The ASPA will retain the option to renew or extend the contract after its initial term. D. Payment shall be made for design phase work ordered and completed as indicated in the Scope of Work after the ASPA s approval of specific project deliverables such as the Preliminary Engineering report, preliminary design, 30%, 60%, 90%, final design, and construction drawings and specifications. Payment shall be made for construction (build) phase work based on design work and construction cost estimates ordered and accepted by the ASPA and shall include specific and measurable construction work items such as would be found on a construction bid schedule. Payment for agreed construction phase work items will be made on a percentage basis for actual work completed and approved by the ASPA through monthly progress payments during construction. There will be a10% cash retention on all payment requests to be released upon final completion of all design and construction work. X. TYPE OF CONTRACT A. The successful Offeror will provide services to the ASPA under a negotiated firm fixed-price agreement. B. The successful Offeror shall be an independent contractor and not an agent or employee of the American Samoa Power Authority. C. The successful Offeror shall furnish the necessary personnel, materials, insurances, licenses, equipment, ground transportation to and from work areas, required materials or services, and otherwise do all things necessary to perform the work and services specified in the Scope of Work and to the satisfaction of the Chief Executive Officer ( CEO ). 1. The Contractor must at all times comply with all applicable workman s compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. 2. The ASPA will not be held responsible in any way for claims filed by or against the successful Offeror, its employees, or subcontractors for services performed under the terms of this RFP or the contract. Offeror shall indemnify and hold the ASPA harmless from any such claims. XI. QUARTERLY REPORTS A. In addition to any requirements as are specified in the Scope of Work, the contractor agrees to submit quarterly project performance and progress reports to the ASPA for inclusion in

13 Page 13 of 39 reports to be delivered by the ASPA to the EPA Project Officer beginning three months after initiation of the contract that include brief information, for each individual project area covered under the awarded contract, on each of the following areas: 1) a comparison of actual accomplishments to the objectives established in the work plan for the applicable period. Where the output of the project can be quantified, a computation of the cost per unit of output must be provided if requested by the ASPA; 2) the reasons for slippage if established objectives were not met; and 3) additional pertinent information, including, when appropriate, analysis and information of cost overruns or high unit costs. The quarterly progress reports shall also include a written report on all tasks currently in progress and planned for the next quarter. The quarterly reports shall be due fifteen (15) days following the end of the quarter. Quarters shall be defined as January-March, April-June, July-September and October- December. The contractor may use whatever format is convenient for these reports. A copy such reports will be forwarded to the EPA and the American Samoa EPA. B. Reports shall be submitted directly to the ASPA s Engineering Services Division Manager for verification prior to sending to the Business and Finance department. XII. BASIS FOR SELECTION A. Contract award will be made by the ASPA in accordance with the evaluation criteria set forth herein and with the ASPA s Procurement Rules. B. Proposals will be evaluated by a Source Evaluation Board (SEB). 1. SEB members shall be nominated by the Procurement Manager and approved by the Chief Financial Officer. 2. Submission of a proposal shall constitute a waiver of any challenge or dispute of the SEB process. C. The SEB will evaluate each of the responsible submitted proposals, as determined by the Procurement Manager. 1. Discussions may be conducted on an as-needed basis with any, or all, individual Offerors 2. Such discussions shall only be conducted for the purpose of obtaining clarification from the Offeror regarding the Offeror s proposal in order to ensure full understanding of, and responsiveness to, the RFP requirements. 3. Care shall be exercised to ensure that no information derived from competing Offeror s proposals is disclosed. 4. Each Offeror with whom discussions are conducted shall be accorded an opportunity to revise their proposals in response to specific clarifications based on the discussions. D. Unless the Procurement Manager determines that satisfactory evidence exists that a mistake has been made, as set forth in Procurement Rule 3-114, or as stated in C.4 (above), Offerors will not be permitted to revise their proposals after proposal opening. E. When its evaluation process is complete, the SEB will forward a ranked order memorandum of recommendation for contract award to the Procurement Manager. F. After receiving the Source Evaluation Board s written recommendation and concurring with that recommendation, the Procurement Manager shall forward the SEB recommendation to the Board of Directors through the CFO for final approval and subsequent contract award. G. Approval is not final until it is signed by the Board of Directors. XIII. EVALUATION CRITERIA A. Proposals will be evaluated by the Source Evaluation Board using the following criteria. 1. Technical

14 Page 14 of Qualifications/Experience of Team, including any Subcontractors 3. Contract Price B. The ASPA reserves the right to make the contract award to the Offeror that submits the proposal which best meets the requirements set forth herein and which is in the best interests of the ASPA after taking into consideration the aforementioned factors. XIV. ATTACHMENTS A. Attachment A is the Proposal Transmittal Form B. Attachment B is the Scope of Work. C. Attachment C is the Offeror s Qualification Form. D. Attachment D is United States Environmental Protection Agency Administrative Order Nos. CWA-309(a) (Tafuna STP) and CWA-309(a) (Utulei STP) E. Attachment E United States Environmental Protection Agency Wage Conditions F. Attachment F is the Performance Bond Form G. Attachment G is the Payment Bond Form XV. QUALIFICATION OF OFFERORS A. At a minimum, the Offeror shall submit that information which is required by Attachment C, the Offeror s Qualification Form. All subcontractor s proposed to be utilized in performing the Scope of Work shall also complete the Offeror s Qualification Form. B. The ASPA may make such investigations as it deems necessary to determine the ability of the Offeror and any of its Subcontractors to perform the work. C. The Offeror shall furnish to the ASPA such additional information and data for this purpose as the ASPA may request, or the proposal may be deemed non-responsive. D. All engineering work shall be performed under the direction of, and sealed by, a Professional Engineer who is licensed in the appropriate engineering discipline. E. All survey work shall be performed under the direction of, and sealed by, a Registered Land Surveyor. F. All construction work shall be performed by skilled craftsmen who are appropriately licensed in their respective fields. XVI. MULTIPLE PROPOSALS COLLUSION A. If more than one Proposal is submitted by any one party or in the name of its clerk, partner or other person, all Proposals submitted by said party may be rejected by the ASPA. B. If requested by the ASPA to do so, an Offeror may submit an alternate Proposal. C. If the ASPA believes that collusion exists amongst any Offerors, the participants in such collusion will be disqualified from contract award consideration. D. Proposals in which the proposed costs and fees are unreasonably high, or unrealistically low, may be rejected at the ASPA s sole discretion. XVII. BUSINESS LICENSE A. An Offeror from elsewhere than American Samoa shall be appropriately licensed in accordance with the state and/or country of the Offerors origin and shall be skilled and regularly engaged in the general type and size of work called for under this RFP.

15 Page 15 of 39 B. The successful Offeror shall possess a currently valid American Samoa Business License prior to the execution of the contract. XVIII. CONTRACT DOCUMENTS A. The contract documents (the Contract Documents ) which govern all work set forth by this RFP consist of the following: 1. This RFP; 2. All addenda to this RFP; 3. Any submissions pursuant to any issued addenda; 4. Any clarifications as may result from Proposal evaluations; and 5. The Contract (or the Agreement ). 6. All engineering studies, reports, drawings and specifications, construction permits, inspection reports, testing reports, start-up reports, commissioning reports, operations manuals, necessary to complete the Scope of Work. B. This information shall be delivered to and immediately become the property of the ASPA as necessary to fulfill the requirements of the Scope of Work. XIX. OFFEROR S UNDERSTANDING A. Each Offeror must inform itself of the conditions relating to the execution of the work. B. The Offeror will make itself thoroughly familiar with all the Contract Documents prior to execution of the Agreement. C. Each Offeror shall inform itself of, and the Offeror awarded the Contract shall comply with, federal and territorial statutes and ordinances relative to the execution of the work including, but not limited to, applicable regulations which concern the following: 1. Wage rates, 2. Non-discrimination in the employment of labor, 3. Protection of public and employee safety and health, 4. Environmental protection, 5. Historic preservation, 6. Protection of natural resources, 7. Fire protection, 8. Burning and non-burning requirements, 9. Permits, fees, and 10. Similar subjects. D. The Offeror must comply with Federal cross-cutting requirements as well as other applicable Federal laws. These requirements may include but are not limited to OHSA Worker Health and Safety Standards; the Uniform Relocation Act; National Environmental Policy Act; National Historic Preservation Act; Endangered Species Act; Wetlands Protection; Coastal Zone Management Act; Clean Air Act; Permits required by Section 404 of the Clean Water Act; Executive Order Equal Employment Opportunity; Contract Work Hours and Safety Standards Act; Anti-Kickback Act; Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders and E. The EPA will be substantially involved in overseeing and monitoring the awarded contract. The Offeror agrees to participate in conference calls, in-person meetings, and other communications as requested by the ASPA with EPA personnel to discuss the status of progress on each of the relevant tasks or projects being worked on. The ASPA, the EPA, or their respective designees

16 Page 16 of 39 may inspect the project at any time. The awarded contractor will be required to provide that representatives of both the ASPA and the EPA shall have access to the work and any books, documents, papers, and records of the awarded contractor. The project will be evaluated to ensure timely completion and expenditure of allowable costs. F. The awarded contractor must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR G. The awarded contractor must ensure to the fullest extent possible that at least 8% (6%=MBE/2%=WBE) of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and historically black colleges and universities. All proposal documents for subcontracts must include an 8% (6%=MBE/2%=WBE) "Fair Share" percentage. To evaluate compliance with the "Fair Share" policy, the awarded contractor also agrees to comply with the six affirmative steps stated in 40 CFR Section 30.44(b), Section 31.36(e), or Section (a), as appropriate. If an awarded contractor procures equipment, services, supplies, or contracts, such contractor agrees and is required to utilize the following six affirmative steps: a. Include qualified Small Business Enterprises (SBEs), Minority Business Enterprises (MBEs), and Women Business Enterprises (WBEs) on solicitation lists; b. Assure that SBEs, MBEs, and WBEs are solicited whenever they are potential sources; c. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, and WBEs; d. Establish delivery schedules, where the requirements of the work permit, which will encourage participation by SBEs, MBEs, and WBEs; e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency, U.S. Department of Commerce, as appropriate; and f. If the prime contractor awards contracts/procurements, take the affirmative steps in subparagraphs a. through e. of this condition in its proposal requirements. H. Davis-Bacon prevailing wage requirements apply to the construction, alteration, and repair activity of infrastructure, including all construction, alteration and repair activity involving waste water or drinking water treatment plants. The following wage determinations have been made for American Samoa and must be followed by the awarded Offeror: Bricklayer $ 5.10 Carpenter $ 5.10 Electrician $ 5.10 Painter $ 5.10 Laborers: Common $ 5.10 Pipelayer $ 5.10 PLASTERER $ 5.10 Plumbers $ 5.10 Power equipment operators: Backhoe $ 5.10 Crane Payloader $ 5.10 $ 5.10

17 Page 17 of 39 Payloader $ 5.10 Truck drivers $ 5.10 WELDERS Receive rate prescribed for craft performing operation to which welding is incidental In the event your proposal proposes the use of a laborer or mechanic not described above, you should contact the ASPA for clarification. The language contained in Attachment E shall be incorporated in to the final contract entered into with the successful Offeror. XX. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY A. The Offeror shall be cognizant of and shall comply with all American Samoa Government (ASG) laws and ordinances pertaining to licenses, permits, the American Samoa Government tax structure and import duty. 1. The successful Offeror shall have an ASG Business License in order to perform the required contractual work. 2. As necessary, the successful Offeror must pay income taxes to the American Samoa Government based on the profit made on the RFP contract. B. American Samoa is a protectorate of the United States and lies outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. 1. Any Offeror-owned equipment to be returned to the United States will be subject to customs/import duty unless properly manifested before shipment from the United States. 2. Excise Tax on equipment to be incorporated into the project or used on this project may be waived upon written request. 3. If the Offeror elects to sell its equipment locally upon completion of the contract or use the equipment for other than this project rather than shipping the equipment away from American Samoa, that equipment will then be subject to the appropriate import duty rate. 4. Any equipment imported for use on other than this project is also subject to local tax. XXI. WITHDRAWAL OF PROPOSAL A. Any Proposal may be withdrawn prior to the scheduled time for the opening of Proposals by notifying the ASPA in a written request. B. No Proposal may be withdrawn after the time scheduled for opening of Proposals. XXII. OPENING AND EVALUATION OF PROPOSALS A. In accordance with Procurement Rule 3-110, Proposals will be opened and recorded as part of the record for the Source Evaluation Board on the date and at the time indicated in Section V., Part B of this document. B. All Proposals will be opened at the ASPA Procurement Office in the Triple S Building in Tafuna American Samoa or in another location so designated by the ASPA Procurement Manager in writing. XXIII. EXECUTION OF CONTRACT

18 Page 18 of 39 Upon receiving the ASPA s Notice of Award, the ASPA shall deliver to the selected Offeror a draft Contract which shall be finalized, signed, and delivered the Contract to the ASPA within 7 days, together with any other documents as may be required by the ASPA. XXIV. RFP CONDITIONS A. This RFP does not commit the ASPA to award a contract or to pay any cost incurred in the preparation of a proposal. B. The American Samoa Power Authority reserves the right to do the following: 1. Reject any Offeror for being non responsive to the Proposal requirements which are contained in this RFP; 2. Reject all proposals and reissue an amended RFP; 3. Request additional information from any Offeror submitting a proposal; 4. Select an Offeror for award based on other than least cost criteria (e. g. capability to complete work in a timely fashion or substantive and relevant work experience); 5. Negotiate a contract with the Offeror selected for award; and 6. Waive any non-material violations of rules contained in this RFP. C. The ASPA reserves the right to issue any addendum to this RFP. 1. Offerors shall send the ASPA a signed Receipt of Addenda form confirming the receipt of any Addendum; 2. Offerors shall submit any additional information as is required by any Addendum; 3. If any Offeror fails to acknowledge the receipt of any such Addendum, the Offeror s Proposal shall be considered irregular and will be accepted by the ASPA only if it is in the ASPA s best interest; 4. If any Addenda are not received prior to submittal of the Offeror s Proposal, a Supplementary Proposal may be submitted in order to revise the original Proposal; 5. Supplementary Proposals must be received by the ASPA prior to the scheduled time for opening of Proposals. XXV. OFFEROR S QUALIFICATION DATA A. It is the intention of the ASPA to award a contract only to an Offeror who is able to furnish satisfactory evidence that the Offeror has the requisite experience and ability, including Professional Engineering and Registered Land Surveying credentials, appropriate contracting and building licenses, sufficient capital, facilities and plant, that are necessary to prosecute the work successfully and promptly and to complete it within the term set forth in the contract. B. The Offeror shall complete and submit Attachment C, the Offeror s Qualification Form, as part of the total Proposal package. C. Qualification data for all Subcontractors shall be provided.

19 Page 19 of 39 ATTACHMENT A PROPOSAL TRANSMITTAL FORM Date: AMERICAN SAMOA POWER AUTHORITY American Samoa Government To Whom It Concerns: The undersigned (hereafter referred to as the Offeror) hereby proposes and agrees to furnish all of the requested submittal and proposal information pertaining to RFP NO. FY R.ESD-WW: WWTP Effluent Disinfection Design-Build Project in accordance with the Scope of Work (Attachment B), General Terms and Conditions, and other procurement requirements specified in this document for the prices stated in the itemized proposal form(s) attached hereto, plus any and all sums to be added and/or deducted resulting from all extra and/or omitted work in accordance with the unit and/or lump sum prices stated in the itemized proposal form attached hereto. The undersigned has read and understands the proposal requirements, and is familiar with and knowledgeable of the local conditions at the various island-wide location(s) where the work is to be performed. The Offeror has read the RFP Instructions and General Terms and Conditions attached to ascertain that all of the requirements of the budgeted proposal are submitted in the proposal envelope, with five copies, at the date and time for proposal opening. (See Page Five of this document, SPECIAL REMINDERS TO PROSPECTIVE OFFERORS to verify that all seven submittal requirement boxes have been checked.) Signed Seal Date

20 Page 20 of 39 ATTACHMENT B SCOPE OF WORK I. The American Samoa Power Authority (ASPA) issued a Request for Proposal for A/E services and construction services from a professional consultant with experience in designing and building wastewater collection and treatment systems. A. The design to be submitted shall included all process control, civil, mechanical, electrical, and structural components and related appurtenances to allow facilities to be designed, built, activated and operated according to the ASPA maintenance and operation capabilities and requirements. B. The design shall be in accordance with Ten States Standards, Wastewater Pollution Control Federation, USEPA, and/or other comparable standards. C. Technical specifications shall be prepared for all items to be constructed for facilities designed under this Scope of Work. Specifications shall be prepared according to the most recent Construction Standards Institute (CSI) format. In addition, any special conditions that must be addressed or followed in order to construct the facilities will be provided under a contract document entitled Special Conditions. D. Detailed engineering/architectural drawings for construction will be prepared in accordance with Standard US Industry Practices for civil, structural, electrical, mechanical, highway, and environmental engineering design. The drawings shall include, but not necessarily limited to plan and profile sheets, site layouts, engineering data, material takeoff lists, geotechnical profile logs, hydraulic and energy profiles, hydraulic models, schematics, process diagrams and descriptions, standard details, electrical schematics, one-line diagrams, and SCADA monitoring and control diagrams. E. A Traffic Control Plan in accordance with American Samoa Department of Public Safety requirements and guidelines similar or equal to those issued by the U.S. Federal Highway Administration shall be prepared for any work that will be done along public roads. F. An Engineer s Cost Estimate shall be prepared for all facilities proposed to be built in this contract in accordance with applicable industry standards such as RS Means Estimating Manuals and Guidelines. Appropriate indexes that account for inflation and other factors pertinent to American Samoa including special logistical constraints are to be included. G. Value Engineering Analysis (VEA) for facilities to be designed and constructed shall be completed according to USEPA requirements in order to ensure design results in maximum cost efficiency for operation and maintenance. H. A schedule shall be prepared based on design and construction phases of the work. The schedule shall include all tasks required to design, construct, commission and operate the facilities. Tasks shall include but not necessarily be limited to acquisition of funding, rights-ofway and permits, operator training, procurement, design review, construction, and testing. The schedule shall be presented in both Gantt and PERT Chart formats. I. An Operations Plan will be submitted outlining methods and means by which the facilities will be operated and maintained within the resources and/or capabilities of the ASPA. J. All work provided in this scope shall be first approved by the ASPA. Electronic (fully editable) and hard copies shall be provided to ASPA for all work. Construction drawings shall be submitted on either 22 x34 or 24 x36 bond paper. Construction drawings, specifications, engineering reports and studies, and value engineering analyses shall be stamped by a U.S. Registered Professional Engineer or Architect. K. At a minimum project design phase deliverables shall include, preliminary engineering reports, preliminary design, 60%, 90%, final design, and construction plans and specifications. Construction phase deliverables shall be based on design work ordered and accepted by ASPA which shall include specific and measurable construction work items

21 Page 21 of 39 (such as that provided on a construction bid schedule) as agreed by the ASPA during design phase development. II. Prior to June 30, 2013, provide all professional engineering (design) and construction (build) services for the installation and activation of systems to disinfect and de-chlorinate (if necessary) all of the community-sourced, primary-treated, wastewater effluent flows from the two (2) USEPA-NPDES permitted the ASPA wastewater treatment plants (WWTPs) which are located in Utulei and Tafuna. SCADA control and monitoring shall be included in the work and integrated into the ASPA systems. A. All professional engineering work, as appropriate, shall be sealed by a Professional Engineer licensed in the appropriate discipline. B. All surveying work shall be sealed by a Registered Land Surveyor. C. All construction shall be supervised and accomplished by appropriately licensed building contractors. D. As measured in 2010, effluent flows from the ASPA s Utulei WWTP were determined to range from approximately MGD by USEPA inspections. Extreme peak flow events may be greater. Design peak daily flow is approximately 6 MGD and will be expanded in 2012 to 8.3 MGD. 1. The Utulei WWTP is equipped with an existing chlorine contact chamber. It is unknown if this chlorine contact chamber will be sufficient to accommodate current and future flows. 2. The contact chamber is a part of the discharge flow-path but disinfection is not currently being implemented and additional disinfection equipment and infrastructure is not currently available. 3. The existing and any improvements at the chlorine contact chamber and discharge headworks structure shall be protected from large debris entering and plugging the diffusers. E. As measured in 2010, effluent flows from the ASPA s Tafuna WWTP were determined to range from approximately MGD by USEPA inspections. Extreme peak flow events may be greater. Design peak daily flow is approximately 6 MGD. 1. The Tafuna WWTP does not have an existing chlorine contact chamber. 2. The Tafuna WWTP includes vacant land for a disinfection system. 3. The existing discharge headworks structure and any improvements to the facility shall be protected from large debris entering and plugging the diffusers. F. The ASPA utilizes sodium hypochlorite (NaOCl) for potable water disinfection processes. 1. The ASPA purchases NaOCl in re-fillable 1000-L capacity Industrial Bulk Containers (IBCs). 2. The NaOCl is 12.5% Cl upon receipt from the ASPA s Fiji-based supplier. 3. The use of alternative disinfection chemicals and/or methods should be evaluated and compared from an operational cost basis. G. An ASPA-approved preliminary design for the Utulei WWTP and the Tafuna WWTP disinfection and de-chlorination systems (if necessary) must be completed and available for submittal to USEPA-R9 before June 30, 2012 as required in the Administrative Orders. 1. Preliminary design must investigate available disinfection methods, including cost estimates, employ USEPA Value Engineering analysis procedures, and recommend the selected disinfection methodology. 2. Preliminary design shall include all items described in detail in the Administrative Orders.

22 Page 22 of One copy of each preliminary design packet will be provided for distribution to the USEPA. 4. One copy of each preliminary design packet will be provided for distribution to the AS- EPA. 5. Three copies of each preliminary design packet will be provided to the manager of the ASPA s Engineering Services Division. H. An ASPA-approved schedule for subsequent design phases to final design and construction plans and specifications for the Utulei WWTP and the Tafuna WWTP disinfection and dechlorination systems (if necessary) must be completed and available for submittal to the USEPA-R9 by June 30, I. All subsequent design phases to final design and construction plans and specifications for the Utulei WWTP and the Tafuna WWTP disinfection and dechlorination (if necessary) systems must be completed and approved by the ASPA and USEPA such that improvements are constructed, activated, and placed into operation before June 30, 2013 as required in the Administrative Orders. 1. One copy of each design phase packet (design drawings and specifications) until and including final design for construction will be provided for distribution to USEPA. 2. One copy of each design phase packet (design drawings and specifications) until and including final design for construction will be provided for distribution to AS-EPA. 3. Three copies of each design phase packet (design drawings and specifications) until final design for construction will be provided to the manager of the ASPA s Engineering Services Division. J. The selected Offeror will be required to accomplish the following: 1. Obtain all permits which will be required to construct, activate, and begin operating the Utulei WWTP and the Tafuna WWTP disinfection and de-chlorination systems. 2. Coordinate as necessary, including for meetings, with all federal and territorial agencies, including, but not limited to USEPA, US Army Corps of Engineers, AS-EPA, ASPA, the American Samoa Project Notification and Review System (PNRS) Board, in order to obtain permits, construct, and begin operating the disinfection and dechlorination systems. 3. Prepare and provide all documentation necessary for any permits that may be required by federal and territorial agencies including, but not limited to, USEPA, US Army Corps of Engineers, AS-EPA, ASPA, the American Samoa Project Notification and Review System (PNRS) Board. 4. Construct, activate, and place into operations the Utulei WWTP and the Tafuna WWTP disinfection and de-chlorination systems before June 30, 2013 as required in the Administrative Orders and based on ASPA-approved drawings and specifications. III. Per Section 15 of the USEPA Administrative Orders, the contractor who is awarded the proposal must include the following self-certifying statement on all documents submitted in connection with the worked performed by it pursuant to the Scope of Work as described above: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of their person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I certify that all wastewater samples analyzed and reported herein are representative of the ordinary process wastewater flow from this facility. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.