Amendment_0004_Addendum.pdf

Amendment 0004 SF30 Addendum

-Amendments to specifications:

Amend Construction Specification 21 – Excavation to allow floating over the berm on the borrow/access channel

Amend Construction Specification 23 – Earthfill to allow floating over berm on the earthen terraces and to clarify that no equipment shall operate within the footprint of the terraces

Amend Construction Specification 81 – Metal Fabrication to clarify the material required for the wall opening bent plate and to add the requirements for mounting brackets, clips, bolts, nuts, and washers. Also clarified the orientation of the grating for the walkway.

Amend Construction Specification 95 – Geotextile to allow floating over berm during installation of geotextile.

-Amendments to drawings:

Drawing Sheet 40 o changed four (4) call outs for “gate frame” and “gate mounting bracket” to “wall opening” to match nomenclature in specifications

Drawing Sheet 41 o Changed seven (7) callouts for “gate frame” and “gate” to “wall opening” to match nomenclature in specifications o Changed one (1) title from “gate frame” to “wall opening” to match nomenclature in specifications o Add the wording “Wall Opening” to one (1) title o Corrected the arrow to point to the bent plate instead of the mounting bracket in the ELEVATION VIEW-STRUCTURE detail o Notes 3 and 4 changed the words “gate” and “gate frame” to “wall opening” to match nomenclature in specifications o Removed pile caps and gate frame from Note 5 and added nuts to match the requirements in specifications

Bid Schedule Changes:

Item Description of Work Spec No.

Quantity Unit Unit Price Amount

THIS IS A NO COST AMENDMENT

CONTINGENCY $0.00

AMENDMENT TOTAL $0.00

The performance time should not be changed due to these amendments.

-Filing instructions:

Replace Construction Specification 21 – Excavation sheets 21-5 to 21-7 labeled April

2019 with sheets 21-5 to 21-7 labeled Amendment #4 – July 2019.

Replace Construction Specification 23 – Earthfill sheets 23-6 to 23-7 labeled April 2019 with sheets 23-6 to 23-7 labeled Amendment #4 – July 2019.

Replace Construction Specification 81 – Metal Fabrication sheets 81-3 to 81-6 labeled

April 2019 with sheet 81-3 to 81-6 labeled Amendment #4 – July 2019.

Replace Construction Specification 95 – Geotextile sheets 95-3 to 95-4 labeled April

2019 with sheet 95-3 to 95-4 labeled Amendment #4 – July 2019.

Replace Drawing Sheets 40 and 41 stamped 4-26-2019 with sheet 40A4 and 41A4 stamped 7/1/19.

-Attached are the amended specifications, drawings, and responses to RFIs.

-Amend the following in section I - CONTRACT CLAUSES in the solicitation, see (b)(2) of the following:

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: Bid Item 11, Steel Sheet Piling, Excluding subsidiary items.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]