ADDENDUM #3 May 30, 2017 ROLL-ON/ROLL-OFF DOCK REPLACEMENT GORDON A. FINCH MOLASSES DOCK TERMINAL ST. CROIX, U.S. VIRGIN ISLANDS

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1 ADDENDUM #3 May 30, 2017 ROLL-ON/ROLL-OFF DOCK REPLACEMENT GORDON A. FINCH MOLASSES DOCK TERMINAL ST. CROIX, U.S. VIRGIN ISLANDS This addendum modifies or interprets the proposal documents by additions, deletions, clarifications, corrections, or other type of modifications. Addenda will become part of the Contract Documents. Proposers, upon receiving addenda, shall insert same into the Proposal Documents. It is required that this Addendum be signed in the Acknowledgment of Receipt below, and attach the entire addendum (page 1 and 2) to the Proposal and become part of the Proposal. CHANGES TO THE DRAWINGS Site work associated with the stormwater ponds, fencing and certain demolition items has been moved from the ROLL-ON/ROLL-OFF DOCK REPLACEMENT project to the GENERAL PURPOSE MARINE CARGO BUILDING project. The changes are illustrated on the attached drawings, listed below. Remove and replace the following drawings with those attached herein. G100 Cover C102 Demolition Eros. Sediment Control Plan C103 Key Sheet C104 Dimension Plan C106 Grading Plan C108 Spoil Storage Grading Plan CHANGES TO PROJECT MANUAL The following bid forms are added to the Project Manual: Equal Employment Opportunity Report Statement; Certification of Non-Segregated Facilities; Certification Regarding Debarment, Suspension, Ineligibility, Voluntary Exclusion, And Other Responsibility Matters; Non-Collusive Affidavit; Prohibition Against Contingent Fees Affidavit. Acknowledgment of Receipt by Bidder ROLL-ON/ROLL-OFF DOCK REPLACEMENT Addendum #3 GORDON A. FINCH MOLASSES DOCK TERMINAL Page 1 of 4

2 GENERAL REQUIREMENTS The following shall be submitted prior to execution of contract: Workers Compensation Insurance Owners Protective Liability Insurance Builders Risk Insurance Certificate of Liability Insurance (VIPA Named Additional Insured on Certificate of Liability insurance) Articles of Incorporation Certificate of Good Standing Certificate of Existence ATTACHMENTS I. Response to Bidder s Questions (Continued next page) II. III. Additional Bid Forms: Equal Employment Opportunity Report Statement; Certification Of Non-Segregated Facilities; Certification Regarding Debarment, Suspension, Ineligibility, Voluntary Exclusion, And Other Responsibility Matters; Non-Collusive Affidavit; Prohibition Against Contingent Fees Affidavit. Drawings: G100 Cover, C102 Demolition Eros. Sediment Control Plan, C103 Key Sheet, C104 Dimension Plan, C106 Grading Plan, C108 Spoil Storage Grading Plan ROLL-ON/ROLL-OFF DOCK REPLACEMENT Addendum #3 GORDON A. FINCH MOLASSES DOCK TERMINAL Page 2 of 4

3 I. RESPONSES TO BIDDER S QUESTIONS 1. For this job the HZ775A is from the old HZ-range and this is no longer in production. Answer: Use HZ880-M equivalent as follows: For HZ775A-12/AZ18 use HZ880M A-12/AZ18-700N For HZ775A-12/AZ26 use HZ880M A-12/AZ26-700N AZ-700 sheet piles are acceptable alternatives for intermediate sheets only. 2. The system designed for this job is the HZ775A which is from the old HZ-range and this is no longer in production. What alternatives are acceptable to the V.I.P.A? Equivalent HZ-M solutions considering AZ-700 intermediate piles: Initial HZ/AZ DESIGN HZ775A-12/AZ26: Wx=5110cm3/m - weight 215kg/m2@80%AZ-length HZ775A-12/AZ18: Wx=4765cm3/m - weight 194kg/m2@80%AZ-length Equivalent HZ-M/AZ HZ880M A-12/AZ26-700: Wx=5735cm3/m - weight 213kg/m2@80%AZ-length HZ880M A-12/AZ18-700: Wx=4765cm3/m - weight 196kg/m2@80%AZ-length AZ-alternative, reaches same bending moment capacity by using grade60 instead of grade 50, cheaper per ton price and simpler to install AZ44-700N Gr.60: Wx=4405cm3/m - weight kg/m2 AZ44-700N Gr.60: Wx=4205cm3/m - weight kg/m2" Answer: See answer to Comment Please clarify, do the Buy American provisions apply for this project? Answer: Yes, See Project Manual, Exhibit C, page C-2, General Federal Regulations, (rr.) 4. " I don t see the bid bond form in the received documents. We can use the form from our Surety Company? Answer: Yes, you may use your Surety Company form as long as the Surety Company is licensed to do business in the USVI as stipulated in the contract documents. 5. Project Manual - Bid Forms. The following list of bid forms referenced but not provided. Please provide blank documents for the following: 1) EEO Certification 2) Non-Segregation 3) Non-Collusion (Please confirm if this form must be submitted or simply abided by) 4) Eligibility Certificate CFR 29 (Please confirm if this form must be submitted or simply abided by) ROLL-ON/ROLL-OFF DOCK REPLACEMENT Addendum #3 GORDON A. FINCH MOLASSES DOCK TERMINAL Page 3 of 4

4 Answer: The following bid forms are attached herein and must be included with bid submittals: Equal Employment Opportunity Report Statement; Certification of Non-Segregated Facilities; Non-Collusive Affidavit; Certification Regarding Debarment, Suspension, Ineligibility, Voluntary Exclusion, and Other Responsibility Matters; Prohibition Against Contingent Fees Affidavit. 6. Please provide a copy of the Willmar Project No Report of Sub surface Exploration and Geotechnical Engineering Evaluations, Gordon A. Finch Molasses Dock Additions, St. Croix, U.S. Virgin Islands, dated July Answer: See Exhibit C, appended to and is part of the Project Manual. 7. Can the date be pushed back to June 6th, To give time to review geotechnical report? Answer: Yes, the deadline for bid submittals was extended to June 6, 2017 under Addendum 2. ROLL-ON/ROLL-OFF DOCK REPLACEMENT Addendum #3 GORDON A. FINCH MOLASSES DOCK TERMINAL Page 4 of 4

5 EQUAL EMPLOYMENT OPPORTUNITY REPORT STATEMENT As required by 41 CFR (b) The Bidder shall complete the following statement by checking the appropriate space. Failure to complete these blanks may be grounds for rejection of bid. The bidder (proposer) has has not participated in a previous contract subject to the equal opportunity clause p r e s c r i b e d by Executive Order 10925, or Executive Order 11114, or Executive Order The bidder (proposer) has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder (proposer) has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, "Employee Information Report EEO-1" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G Street Washington, DC Name of Firm Signature Print Name Title Date END OF EQUAL EMPLOYMENT OPPORTUNITY

6 CERTIFICATION OF NON-SEGREGATED FACILITIES The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ten thousand dollars ($10,000.00) U.S. which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Name of Firm Signature Print Name Title Date END OF NON-SEGREGATED FACILITIES

7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION AND OTHER RESPONSIBILITY MATTERS Instructions for Certification 1. By signing and submitting this form, the prospective participant is providing the certification set out below in accordance with the instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, agency or state government may terminate this transaction for cause or default. 4. The prospective participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order The prospective participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

8 7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non procurement List. 9. Nothing contained in the forgoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department, agency or state government may terminate this transaction for cause or default.

9 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. All persons or firms, including subconsultants and subcontractors, must complete this certification and certify it under penalty. 1. The prospective participant certifies to the best of its knowledge and belief that, except as noted below, he/she or any person associated therewith in the capacity of owner, principal, partner, director, officer, or manager: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three year period preceding this certification had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 3. If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to the agency.

10 4. If there are any exceptions to this certification, they should be specifically noted. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency, and dates of actions. Name of Firm: Name of Authorized Representative: Title of Authorized Representative: Signature of Authorized Representative: Date:

11 VIRGIN ISLANDS PORT AUTHORITY PROHIBITION AGAINST CONTINGENT FEES AFFIDAVIT Territory of County of being first duly sworn, deposes and says that: 1. He is the (Owner, Partner, Officer, Representative or Agent) of, of the Bidder that submitted the attached bid; 2. He is fully informed regarding the preparation and contents of the attached bid and all of the pertinent circumstances respecting such bid; 3. He understandings that it shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a government contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, exception for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. 4. He has not retained anyone in violation of the Virgin Islands Port Authority s prohibition against contingent fees. Signature Print Name Subscribed and sworn to before me this _day of, Notary Public My Commission Expires: END OF PROHIBITION AGAINST CONTINGENT FEES AFFIDAVIT

12 NON COLLUSIVE AFFIDAVIT State of County of being first duly sworn, deposes and says that: 1. He is the (Owner, Partner, Officer, Representative or Agent) of, of the Bidder that has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said bidder nor any of its officers, partners, OWNERS, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham bid in connection with the work for which the attached bid has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any bidder, firm or person to fix the price or prices in the attached bid or of any other bidder or to fix any overhead, profit or cost elements of the bid price of any other bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against (recipient) or any person interested in the proposed work; 5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder of any other of its agents, representatives, OWNERS, employees or parties in interest including this affidavit. Signature Print Name Subscribed and sworn to before me this day of, Notary Public My Commission Expires: END OF NON COLLUSIVE AFFIDAVIT

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14 2001 NW 107TH AVE. MIAMI, FL PHONE: FAX: FBPR CERTIFICATE OF AUTHORIZATION No.: 24 DATE REVISIONS DESCRIPTION C102 SHEET OF XX

15 2001 NW 107TH AVE. MIAMI, FL PHONE: FAX: FBPR CERTIFICATE OF AUTHORIZATION No.: 24 DATE REVISIONS DESCRIPTION SHEET C108 C103 SHEET OF XX

16 2001 NW 107TH AVE. MIAMI, FL PHONE: FAX: FBPR CERTIFICATE OF AUTHORIZATION No.: 24 DATE REVISIONS DESCRIPTION C104 SHEET OF XX

17 2001 NW 107TH AVE. MIAMI, FL PHONE: FAX: FBPR CERTIFICATE OF AUTHORIZATION No.: 24 DATE REVISIONS DESCRIPTION C106 SHEET OF XX

18 2001 NW 107TH AVE. MIAMI, FL PHONE: FAX: FBPR CERTIFICATE OF AUTHORIZATION No.: 24 DATE REVISIONS DESCRIPTION C108 SHEET OF XX