W912BV18R0042Amendment0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RS Kerr Rehab & Paint Tainter Gates, RS Kerr Lake, Oklahoma.

See attached summary of changes for revisions located in Amendment 0003. Proposal due date and time remain unchanged.

All other terms and conditions shall remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BV18R0042

X 9B. DATED (SEE ITEM 11)

09-Aug-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Aug-2018

CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

W912BV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SUMMARY OF CHANGES

AMENDMENT 0003

RFP NO. W912BV18R0042

RS KERR REHAB & PAINT TAINTER GATES

ROBERT S. KERR LOCK AND DAM, OKLAHOMA

Standard Form (SF) 30, Block 14 (continuation):

The proposal documents shall be revised as follows:

CONTRACT CLAUSES

SECTION 00 72 00 - Delete Clauses 52.225-9 Buy American – Construction Materials (May 2004) and 52.225-10 Notice of Buy American Requirement Construction Materials (May 2014). Insert clauses 52.225-11 Buy American- Construction Materials under Trade Agreements (Oct 2016) and Alternate I (attached hereto) as well as clause 52.225-12 – Notice of Buy American Requirement – Construction Materials Under Trade Agreements (May 2014) and Alternate II (incorporated by reference).

SECTION 00 73 00 – Delete previously issued General Decision Number:

OK180024 dated 08/10/2018 OK24 and replace with new General Decision Number:

OK180024 dated 08/24/2018 OK24 attached hereto.

SPECIFICATIONS

Delete previously issued Sections 01 00 00, 01 50 00, 02 41 00, 26 42 14 and 35 20 16 and replace with new Sections 01 00 00, 01 50 00, 02 41 00, 26 42 14, 35 20 16 attached hereto. Paragraphs containing revisions are highlighted by bold text.

DRAWINGS

Delete previously issued Sheet IDs G101 and G103 and replace with new Sheet IDs G101.2 and G103.1 attached hereto.

Add new Sheet IDs R-015, R-016, and R-017 attached hereto.

END OF SUMMARY OF CHANGES – AMENDMENT 0003

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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 nonavailability 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.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 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)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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)(4) 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)(4)(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) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

(End of clause)

52.225-11 BUY AMERICAN ACT --CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2016) ALTERNATE I (MAY 2014)

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

Australian, Chilean, or Moroccan construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of Australia, Chile, or Morocco; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Australia, Chile, or Morocco into a new and different construction material distinct from the materials from which it was transformed.

Bahrainian, Mexican, or Omani construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico; or Oman

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montengro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Domestic construction material means--

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

(2) A construction material manufactured in the United States, if 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 nonavailability determinations have been made are treated as domestic.

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

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 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)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to the this acquisition. Therefore, the Buy American statute restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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)(4) 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)(4)(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) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

(End of clause)

General Decision Number: OK180024 08/24/2018 OK24

Superseded General Decision Number: OK20170024

State: Oklahoma

Construction Type: Heavy

County: Le Flore County in Oklahoma.

HEAVY CONSTRUCTION PROJECTS (including sewer/water line construction; heavy construction projects on treatment plants and industrial sites) (excludes heavy dredging and water well drilling)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018 1 05/11/2018 2 08/10/2018 3 08/24/2018

ELEC1002-005 07/01/2018

Rates Fringes

ELECTRICIAN......................$ 37.12 29%+5.95

* ENGI0627-014 06/01/2018

Rates Fringes

POWER EQUIPMENT OPERATOR:

Group 1.....................$ 29.70 13.58 Group 2.....................$ 28.00 13.58 Group 3.....................$ 27.45 13.58 Group 4.....................$ 26.65 13.58 Group 6.....................$ 24.90 13.58 Group10.....................$ 21.70 13.58

POWER EQUIPMENT OPERATOR

GROUP 1: All Crane Type Equipment 200 ton and larger and including 400 ton capacity cranes. All Tower Cranes.

GROUP 2: All Crane Type Equipment 100 ton capacity and larger cranes, and less than 200 ton capacity.

GROUP 3: All Crane Type Equipment 50 ton capacity and larger cranes, and less than 100 ton capacity. Crane Equipment (as rated by mfg.) 3 cu. yd. and over Guy derrick Whirley Power Driven Hole Digger (with 30' and longer mast).

GROUP 4: CRANES with Boom Incl. Jib less than 100 ft and less than 3 cu. Yd.; Overhead Monorail Crane

GROUP 6: ROLLER (ASPHALT AND DIRT)

GROUP 10:OILER

IRON0584-019 06/01/2017

Rates Fringes

IRONWORKER (Structural, Reinforcing, and Ornamental).....$ 24.00 14.81

SUOK2012-002 05/18/2012

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 14.00 3.95

FORM WORKER......................$ 11.77 0.00

LABORER: Common or General......$ 11.69 2.71

LABORER: Pipelayer..............$ 12.94 2.42

OPERATOR: Backhoe/Excavator.....$ 15.00 0.29

OPERATOR: Bulldozer.............$ 18.07 0.00

OPERATOR: Drill.................$ 17.15 0.78

OPERATOR: Grader/Blade..........$ 17.76 3.87

OPERATOR: Loader (Front End)....$ 14.01 0.00

OPERATOR: Mechanic..............$ 19.61 9.39

OPERATOR: Scraper...............$ 16.00 1.55

OPERATOR: Trackhoe..............$ 18.54 2.78

TRUCK DRIVER: Dump Truck........$ 15.08 1.71

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

RS Kerr Rehabilitate & Paint Tainter Gates FY18 KERRTAINTERFY18

SECTION 01 00 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.2 SUMMARY OF WORK

This section provides a general summary of the work to be performed to rehabilitate the tainter gates and associated items at Robert S. Kerr Dam, Oklahoma. This project will be a total turn-key contract with all work being performed by the Contractor except setting of the stoplogs. See other specifications sections, drawings, contract clauses, and other contract documents for detailed requirements of the work to be performed by the Contractor. The Government will provide no materials, equipment, or labor except setting of the stoplogs. The work required is summarized as follows:

a. Brush-off blast of entire gates, inspection of damaged gate members, and provide gate inspection report;

b. Removal and replacement of diagonal members;

c. Removal and replacement of ribs;

d. Partial removal and replacement of skin plate;

e. Surface repair of primary members (girders);

f. Removal and replacement of miscellaneous stiffener plates;

g. Addition/modification of drain holes;

h. Blasting and painting of entire gates;

i. Removal of existing, off-site disposal, and replacement with new wire rope assemblies and associated fittings and proper re-tensioning of wire ropes within specified tolerances;

j. Rehabilitation of hitch blocks with removal and replacement of hardware;

k. Removal and replacement of side seals assemblies and adjustment within specified tolerances; and

l. Removal and replacement of trunnion hydraulic lubrication tubing and fittings.

SECTION 01 00 00 Page 1 Section Reissued by Amd 0003

1.3 SETTING, LEAKAGE, AND AVAILABILITY OF STOPLOGS

See Section 01 50 00.

1.4 MANDATORY SEQUENCE OF ACTIVITIES AT EACH TAINTER GATE

See drawings for mandatory sequence of construction activities. Coordinate mandatory sequence of construction activities with administrative requirements and activities, submittals, required plans, etc.

1.5 SAFETY

All work shall be performed in accordance with EM 385-1-1 29 CFR 1910, 29 CFR 1926, and other references as listed herein. Matters of interpretation of the safety standards shall be submitted to the ACO for resolution before starting work. Where the regulations conflict, the most stringent requirements shall apply.

1.6 WORK HOURS

The work schedule shall be Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding official Federal Government holidays unless the Contractor proposes an alternative work schedule as part of their proposal and that proposal is accepted by the Government. Any alternative work schedule presented shall be within the time frame Monday through Saturday, 7:30 a.m.

to 7:00 p.m.

1.7 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Work Plan; G

1.8 WORK PLAN MINIMUM REQUIREMENTS

Within 15 calendar days of contract award, a Work Plan shall be submitted for all work required by this contract. This work plan is separate from any and all documents submitted before contract award and shall provide greater detail than any pre-award submitted work plan, if required.

The plan shall include, as a minimum, details for all work listed in paragraph SUMMARY OF WORK above. The plan shall include detailed construction methods and procedures, all manpower (each trade/skill required and crew sizes, including subcontractors), and all equipment (including make, model, size, capacity, and weight).

The Work Plan shall address sequence of work and methods to remove, protect, and label components for disassembly and reinstallation.

In addition, the Contractor shall submit any additional information as directed by the Administrative Contracting Officer (ACO). All items of work shall be addressed to the level of detail required by the ACO.

SECTION 01 00 00 Page 2

Construction activities and purchasing of materials shall not begin until the Work Plan has been approved by the ACO. The Contractor's work schedule (days of the week and hours per day) shall be stated.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

-- End of Section --

SECTION 01 00 00 Page 3

SECTION 01 50 00

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 241 (2013; Errata 2015) Standard for Safeguarding Construction, Alteration, and Demolition Operations

NFPA 70 (2017; ERTA 1-2 2017; TIA 17-1; TIA 17-2;

TIA 17-3; TIA 17-4; TIA 17-5; TIA 17-6;

TIA 17-7; TIA 17-8; TIA 17-9; TIA 17-10;

TIA 17-11; TIA 17-12; TIA 17-13; TIA

17-14) National Electrical Code

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Construction Site Plan; G Plan of Action; G Flood Emergency Preparation Plan; G

1.3 CONSTRUCTION SITE PLAN

Prior to the start of work, submit a site plan showing the locations and dimensions of temporary facilities including layouts and details, equipment and material storage areas (onsite and offsite), access and haul routes, and vehicular and pedestrian avenues of ingress/egress. Identify any areas which may have to be stabilized/graveled. Show locations of security and safety fences, field office and storage buildings, construction entrances, trash dumpsters, temporary sanitary facilities, and worker parking areas.

1.4 PLAN OF ACTION

Submit for approval a Plan of Action for withdrawing the Contractor's equipment and floating plant. Withdrawal of equipment and floating plant at RS Kerr Lock and Dam begins high-flow operations when the dam outflows

SECTION 01 50 00 Page 1 reach 60,000 CFS with a rising river forecast. All marine work at the project site shall cease when the river flow is at this stage, but work from areas not affected by this river flow may continue. The Contractor's floating plant will be removed when the total dam opening reaches 50,000 CFS and be moored safely away from the project by the time the total dam outflow reaches 60,000 CFS with a rising river forecast. Monitor the prevailing river conditions at the project site, referring to the upstream project river gage, river forecasts issued by the National Weather Services, and the Corps of Engineers River Forecast System to determine when to withdraw equipment and floating plant. The withdrawal of equipment and floating plant shall ultimately be the Contractor's decision and will not be directed by the Government. It shall be the Contractor's responsibility to determine the time necessary to make a complete and safe withdrawal of equipment and floating plant with due consideration given to the location of mooring areas; amount of equipment; size of the floating plant, and capacity of towboats to operate safely and efficiently at the expected river velocities. All floating plant and equipment shall remain securely moored away from the facility during the period when total dam outflow is 60,000 CFS or greater. The Contractor shall also be responsible for providing personnel to adjust mooring lines as required by the prevailing river conditions. Commence remobilizing equipment and floating plant from its moored locations when the total dam outflow is 55,000 CFS or less with a falling river condition forecasted. The Contractor may resume all work when the dam outflow is 50,000 CFS with a falling river conditions forecast. The plan shall detail the procedures for withdrawal of equipment and floating plant in the event that suspension of river traffic and work is imminent. The Plan of Action shall include but is not limited to the following information:

- Procedure(s) For Monitoring River Conditions Including River Levels, Discharges, And Velocities

- Mooring Location(s)

- River Conditions Which Affect Withdraw

- Sequence and Duration of Withdraw

- Procedures for Care of Moored Floating Plant and Equipment

- River Conditions Affecting Remobilization

- Sequence and Duration of Remobilization

The Plan of Action shall include the withdrawal of any subcontractor's equipment and floating plant. The Plan of Action shall be consistent with the applicable requirements for Emergency Planning as described in EM 385-1-1. All key Contractor personnel including superintendents, foremen, safety officers, QC personnel, and subcontractors shall be given a copy of the Plan of Action and be thoroughly familiar with their duties under this plan.

1.5 FLOOD EMERGENCY PREPARATION PLAN

Prior to the start of work, submit a Flood Emergency Preparation Plan to remove construction equipment and floating plant (as applicable) and as necessary for protection of Government property from damage and Contractor property from damage and sinking (as applicable). Include methods of communications and assurance of necessary personnel availability at all times.

1.6 SETTING STOPLOGS AND DEWATERING

Moving stoplogs and dewatering the work areas will be a team effort requiring detailed coordination and communication between the Contractor

SECTION 01 50 00 Page 2 and the Government. The Government will only perform the activities specifically identified in this paragraph. The Contractor shall perform all other activities.

Work hours for the Government Fleet are Monday through Thursday, 7:30 am to 5:30 pm. The Fleet will not be available outside these hours except under emergency situations to provide personnel safety and/or protect Government property. The Fleet requires 14 calendar days advance notice to schedule equipment and manpower and provide adequate travel time to arrive on site.

The Contractor shall notify the ACO a minimum of 14 calendar days before the stoplogs are required to be put in place, moved to the next tainter gate, and/or removed.

The Government will move and set the stoplogs only once at each tainter gate. Stoplogs may be left in placed and overtopped during high flows.

The stoplogs will not provide a water-tight seal. Leaking will occur, effect the Contractor's operations, and require significant efforts by the Contractor to provide a safe and dry work area. Pumping and control of water due to leakage of stoplogs shall be the Contractor's responsibility.

The Contractor shall be responsible to provide all sandbags, pumps, hoses curtains, miscellaneous items, labor, etc. required to dewater and maintain a dry work area.

1.7 VERIFICATION OF SITE CONDITIONS

Before starting work, the Contractor shall be responsible for verifying the accuracy of all data and information provided by the Government. Obtain all required measurements, dimensions, etc. and determine the existing conditions of the structures and work site. If data and information provided by the Government are inaccurate or existing conditions appear different and affect the proposed construction, notify the Contracting Officer in writing before proceeding with any construction processes, including ordering materials. Work outside the original scope shall be accomplished only at the direction of the Contracting Officer through future Contract modifications.

Digitally photograph the site and structure, including the storage and staging areas, field office areas, and roads in connection with the project to document…