ADDENDUM 01 ARFQ DEP24-24 AML - Fords Run Drainage Project.pdf

AGENCY SOLICITATION NUMBER – ARFQ ______________

Addendum Number: ____

The Purpose of this addendum is to modify the solicitation identified as (“Agency Solicitation”) to reflect the change(s) identified and described below.

Applicable Addendum Category:

[ ] Modify bid opening date and time

[ ] Modify specification of product or service being sought

[ ] Attachment of vendor questions and responses

[ ] Attachment of pre-bid sign-in sheet

[ ] Correction of error

[ ] Other

Description of Modification to Solicitation:

This Addendum issued to publish and distribute the attached documentation to the vendor community.

Additional Documentation: Documentation related to this Addendum (if any) has been included herewith as Attachment A and is specifically incorporated herein by reference.

Terms and Conditions:

1. All provision of the Agency Solicitation and other addenda not modified herein shall remain in full force and effect.

2. Vendor should acknowledge receipt of all addenda issued for this Agency Solicitation by completing an Addendum Acknowledgement, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

Addendum #1 - Questions During Pre-Bid Meeting

FORDS RUN DRAINAGE

DEP2400000024

The following comments and questions were identified from the Pre-Bid Conference. The answers provided herein take precedence over verbal answers at the PBC should there be any conflict between the two.

Questions:

1) Can the 48” RCP be used as fill material?

a. The concrete must be broken into 2’ maximum dimension pieces for use as random fill material. Any protruding reinforcing steel or welded wire fabric

(WWF) must be cut flush to the face of the concrete piece and removed from the site. The sized broken pieces of concrete shall be permitted to be placed along

Baseline A-A, between around Station 6+00 through around Station 9+00.

Otherwise, the demolished concrete shall be either placed in the onsite waste disposal area or removed from the site in accordance with the specifications.

2) Is a burn permit needed?

a. All organic material generated from clearing and grubbing shall be either chipped or windrowed onsite or removed from the site in accordance with the specifications. No burning will be permitted onsite.

3) Are there any tree cutting restrictions?

a. No, there aren’t any tree cutting restrictions for this project.

4) Can the Contractor keep/salvage the 48” RCP?

a. Yes, the Contractor may salvage the 48” RCP as long as they sign a

“Waste/Borrow Agreement.” Should the Contractor elect to dispose of the RCP in an acceptable landfill, then all weigh tickets shall be provided to the WVDEP.

5) Does the water from Fords Run need pumped into sediment bags?

a. Bypass pumping does not require the use of sediment filtration bags although the pumping operations may not discharge sediment laden water at the outlet. Should the water become turbid then the Contractor shall implement any acceptable

BMP(s) to remove the sediment.

Comments:

1. The “Fords Run Drainage Pre-Bid Meeting Checklist” was read aloud to the bidders, and has been attached here.

2. This project is not funded with BIL money, so the additional requirements that would normally be present with BIL money do not apply.

3. Hagewood Land LLC has requested to be listed as additional insured. Their address is

530 Songer Whitewater Rd. Hico, WV 25854. Ph # 304-539-0081

Addendum #1 Fords Run Drainage

4. The Engineer’s Estimate for this Project is $2,256,631.20.

5. The designated staging area along CR 5/10 must be reclaimed to be as good as or better condition than as existed prior to construction.

6. No spacer block will be needed on the guardrail.

7. No access for construction is provided for the upper part of the site. There is a road that leads to the cemetery. Contractors who desire to use this access for construction will need to address Dominions’ concerns with the existing gas pipeline running along the road, modify the construction stormwater permit, and comply with NEPA requirements.

8. The Contactor shall sign and submit the NPDES modification Co-Applicant Signature prior to the Pre-Construction Conference. The Contractor will be identified as Co-

Applicant #2, although the Contractor shall remain the responsible party to conform with all requirements of the approved permit and as prescribed in the Construction

Specifications.

Please note that this project will be subject to BABA (Build America, Buy America) Federal Requirements. This may have an impact on your bid – please carefully read the below:

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica . Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america .

Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:

www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request.

Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of

Award) http://www.doi.gov/grants/BuyAmerica http://www.whitehouse.gov/omb/management/made-in-america http://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers http://www.doi.gov/grants/buyamerica

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver.

Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.

13. Anticipated impact if no waiver is issued.

Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers :, recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Definitions

1. "Construction materials" includes an article, material, or supply that is or consists primarily of:

2. non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

3. glass (including optic glass);

4. lumber; or

5. drywall.

"Construction Materials" does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

"Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

"Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and http://www.doi.gov/grants/BuyAmerica/ApprovedWaivers other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

"Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States.

The Contractor acknowledges to and for the benefit of the West Virginia Department of Environmental Protection (WVDEP) and the Office of Surface Mining Reclamation & Enforcement (OSMRE) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the WVDEP and OSMRE (a) the Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the WVDEP or OSMRE. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the WVDEP or OSMRE to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the WVDEP or OSMRE resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the OSMRE or any damages owed to the OSMRE by the WVDEP). If the Contractor has no direct contractual privity with the OSMRE, as a lender or awardee to the WVDEP for the funding of its project, the WVDEP and the Contractor agree that the OSMRE is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the OSMRE.

Revised 04/21/2021

ADDENDUM ACKNOWLEDGEMENT FORM

SOLICITATION NO.:

Instructions: Please acknowledge receipt of all addenda issued with this solicitation by completing this addendum acknowledgment form. Check the box next to each addendum received and sign below. Failure to acknowledge addenda may result in bid disqualification.

Acknowledgment: I hereby acknowledge receipt of the following addenda and have made the necessary revisions to my proposal, plans and/or specification, etc.

Addendum Numbers Received:

(Check the box next to each addendum received)

[ ] Addendum No. 1 [ ] Addendum No. 6

[ ] Addendum No. 2 [ ] Addendum No. 7

[ ] Addendum No. 3 [ ] Addendum No. 8

[ ] Addendum No. 4 [ ] Addendum No. 9

[ ] Addendum No. 5 [ ] Addendum No. 10

I understand that failure to confirm the receipt of addenda may be cause for rejection of this bid.

I further understand that any verbal representation made or assumed to be made during any oral discussion held between Vendor’s representatives and any state personnel is not binding. Only the information issued in writing and added to the specifications by an official addendum is binding.

Company

Authorized Signature

Date

NOTE: This addendum acknowledgement should be submitted with the bid to expedite document processing.

1 .To Publish the pre-bid sign in sheet

2. To Publish the vendor questions and responses.

3. Provide some General Information

**No Other Changes**