Ambrose_Portal_concrete_Total_small_business_19_Solicitation.pdf

GSA Solicitation No. 47PJ0019Q0015

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Simplified Acquisition Construction Contract for the replacement of designated areas of concrete at the LPOE’s in Ambrose and Portal.

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representative F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices A. Basis of Pricing

III. Terms and Conditions

A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Material and Workmanship E. Project Schedule F. Extensions of Time G. Interpretation of Specifications and Drawings H. Submittals I. Government’s Right to Stop Work for Non-Compliance J. Other Contracts K. Substantial Completion and Contract Completion L. Use and Possession Prior to Substantial Completion M. Equitable Adjustments N. Finality of Contract Modifications O. Liquidated Damages P. Insurance Requirements Q. Administrative Matters R. Safeguarding Sensitive Data and Information Technology Resources S. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference

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I. Project Information

I.A. Project Summary

The intent of this project is to replace designated areas of concrete at the Ambrose and Portal LPOE’s.

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) Unless otherwise specified, the Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 15 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 140 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Exterior work

I.E. Authorized Representative

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Name: Cody Lee Address: 657 2nd Ave N Fargo ND 58102 Telephone: 701-566-6124 Email: cody.lee@gsa.gov

(2) Authorities and Limitations

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(a) All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contracting Officer may delegate these rights, responsibilities, and authorities to other GSA representatives. Such delegations shall be effective and binding only if communicated in writing to the Contractor, and subject to any limitations specified therein.

(b) The Contractor shall perform the Contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by the Contracting Officer or other representative to whom the Contracting Officer has delegated authority. The Contractor assumes all the risk and consequences of performing work in accordance with an order issued by a person lacking authority to issue such order.

I.F. Contract Liquidated Damages Rate

In accordance with “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $ NA per calendar day.

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for Solicitation, 47PJ0019Q0015, 2019

(2) Construction Drawings for Solicitation, 47PJ0019Q0015, 2019

(3) Wage Determination ND34, 01/04/2019 / ND35, 01/04/2019

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: Feb 2019 Revision: N/A

Section 1: Project Title Area 1: Portal - Concrete Work

Area 2: Ambrose - Concrete Replacement

Section 2: Project Location, Building Name, & Building Number Area 1: Portal LPOE, 301 West Railway Ave Portal, ND 58772 Building Number: 525, 526, 527, 528

Area 2: Ambrose LPOE, HWY 42 at Canadian Border Ambrose, ND 58833

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Building Number: 501

Section 3: Contact List

Contracting Officer (CO) Name: Cody Lee Email: cody.lee@gsa.gov Address: 657 2nd Ave North Fargo, ND 58102 Phone (O): 701 566-6124

Project Manager Name: Jesse Johnson Email: jesse.johnson@gsa.gov Address: 220 East Rosser Ave Bismarck, ND 58501 Phone (O): 701 557-9649

Property Manager Name: Curt Schumaier Email: curt.schumaier@gsa.gov Address: 100 1st Street SW Minot, ND 58701-3846 Phone (O): 701 552-9852

Section 4: Project Background & Project Description Portal LPOE The purpose of this project is to install a concrete driveway between two parking lots to aid in the removal of snow. GSA would like to install a concrete walk way around the existing garage, installation of a speed table, replace section sidewalk, and installation of a concrete parking pad near the GTC building.

Ambrose LPOE The intent of this project is to replace concrete drive sections on the eastside of the port building due to excessive spaulding.

Section 5: Project Objectives Portal LPOE Work Areas

1. VACIS Speed Table and Sidewalk Repair: Install speed bump in drive lane and remove and replace two sections of sidewalk at bottom of stairs going to Main Building. See pictures 1 and 2.

2. GTC Concrete Pad: install approximately 2040 sf 6 inch thick concrete parking pad. See picture 3

3. Border Patrol Sidewalk Replacement: remove sidewalk and replace with approximately 1092 SF of 6” thick concrete driveway. See picture 4

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4. GSA Garage Sidewalk: install approximately 790 SF of new 4 inch sidewalk around GSA garage. See picture 5

Ambrose LPOE Work Area:

1. Concrete pad replacement: Remove and replace approximately 882 SF of 6 inch concrete.

1) Portal Concrete Work

a. Excavation and Base Materials:

i. Excavate area to a minimum of 18” in depth.

ii. Contractor is responsible to move and/or repair any utility lines, irrigation lines, and sprinkler heads that may be in the way or damaged during construction.

iii. Place a minimum of 12 inches compacted NDDOT Class 5 or better granular material compacted in a minimum of 6” lifts.

iv. Fill shall be compacted to a minimum of 95% with moisture no more than 2% above optimum.

v. Base material shall extend 1’ on both sides of the approach.

vi. Asphalt shall be cut straight, as to make a clean transition between new and existing surfaces.

b. Concrete: GSA onsite personnel will identify and delineate the exact location of concrete to be replaced.

i. Minimum 4000 psi concrete shall be used with 6-8% air entrainment and a maximum slump of 4”, prior to the addition of any admixtures.

ii. Concrete shall be a minimum of 6” thick and any sidewalks need to be a minimum of 4” thick.

iii. Number 4 Grade 60, deformed rebar shall be used and installed according to industry standard but no more than a 12” grid and tied at every other lap.

iv. Embed a 36” piece of #4 rebar a minimum of 8” into the existing slab. Install these every 2’ and tie off to rebar grid. This will keep the slabs from floating.

v. Chairs shall be used to support rebar for concrete placement.

vi. Shall contain ≥ 15% fly ash or ≥ 25% ground granulated blast-furnace (GGBF) slag.

vii. Each load shall be tested prior to placement.

c. Admixtures:

i. Hi Early admixture may be required depending on placement location.

ii. Additional admixtures and retarders may be advisable for hot or cold weather conditions.

iii. Contractor shall submit all proposed admixtures to GSA and receive approval prior to using.

iv. Provide a Certificate of Compliance from supplier for every load of concrete delivered to site.

d. Finishing:

i. Concrete finish shall have positive drainage away from surrounding structures and shall not have any depressions that will cause water to pool.

ii. Concrete is to have a medium broom finish perpendicular to the traffic flow.

iii. Spray curing compound immediately after finish.

iv. Fill in the sides of the slab with topsoil and give it a graded finish and seed.

e. Control Joints:

i. Control joints are to be cut to line up with slab to the south, with the maximum spacing to be 10’ each way. Joints are to be cut at a depth of ¼ the thickness of the slab, but not less than 1”.

ii. Joints shall be blown out with compressed air.

iii. Joint widths shall be in accordance with sealer manufacturer's recommendations.

iv. Sealant is to be polyurethane selected per ASTM C1193 Standard Guide for Use of Joint Sealants and suitable for adhesion to concrete, standing water environment and UV resistant.

v. A backer rod shall be installed in a manner to produce the shape factor for the sealant specified.

vi. The sealant shall be tooled to produce a slightly concave surface approximately 1/4" below the pavement surface.

vii. Install a fiber expansion joint material between the new slab and the existing concrete slab.

f. Speed Bump and Sidewalk repair:

i. Speed Bump shall be 12' x 28' with a 4" hump on an existing concrete pad.

ii. Speed bump will have to be completed in two separate pours to allow exit traffic. This will need to be coordinated with GSA.

iii. The existing concrete shall be saw cut, demolished and disposed of.

iv. Pin the speed bump to the existing slab with #4 grade 60 rebar @ 12" OC

v. Install fiber expansion joint material between new and existing slabs.

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vi. Speed bump shall have a smooth transition to existing slab for ease of snow removal.

vii. Speed bump contains approximately 10 CY of concrete.

viii. The speed bump shall be painted with yellow stripes, refer to NDDOT standard specifications.

ix. Sidewalk shall be sloped to prevent puddling of water

Speed bump specs

2) Ambrose Concrete Replacement

a. Remove and replace approximately 882 SF of 6” concrete. GSA onsite personnel will identify and delineate the exact location of concrete to be replaced. If necessary, saw cuts shall be made into surrounding slabs as to not have a rough or broken edge. Saw cuts shall extend the full length of the slab as to not leave a jagged appearance.

b. Base Materials:

i. Place a minimum of 12 inches compacted NDDOT Class 5 or better granular material compacted in a minimum of 6” lifts.

ii. Fill shall be compacted to a minimum of 95% with moisture no more than 2% above optimum.

c. Concrete:

i. Minimum 4000 psi concrete shall be used with 6-8% air entrainment and a maximum slump of 4” prior to the addition of any admixtures.

ii. Number 4 Grade 60, deformed rebar shall be used and installed according to industry standard but no more than a 12” grid and tied at every other lap.

iii. Chairs shall be used to support rebar for concrete placement.

iv. Shall contain ≥ 15% fly ash or ≥ 25% ground granulated blast-furnace (GGBF) slag.

v. Each load shall be tested prior to placement.

vi. Placement of the concrete shall be graded to drain away from buildings.

d. Admixtures:

i. Hi Early admixture may be required depending on placement location.

ii. Additional admixtures and retarders may be advisable for hot or cold weather conditions.

iii. Contractor shall submit all proposed admixtures to GSA and receive approval prior to using.

iv. Provide a Certificate of Compliance from supplier for every load of concrete delivered to site.

e. Finishing:

i. Concrete finish shall have positive drainage away from surrounding structures and shall not have any depressions that will cause water to pool.

ii. Concrete is to have a medium broom finish perpendicular to the traffic flow.

iii. Spray curing compound immediately after finish.

f. Control Joints:

i. Control joints are to be cut to line up with slab to the south, with the maximum spacing to be 10’ each way. Joints are to be cut at a depth of ¼ the thickness of the slab, but not less than 1”.

ii. Joints shall be blown out with compressed air.

iii. Joint widths shall be in accordance with sealer manufacturer's recommendations.

iv. Sealant is to be polyurethane selected per ASTM C1193 Standard Guide for Use of Joint Sealants and suitable for adhesion to concrete, standing water environment and UV resistant.

v. A backer rod shall be installed in a manner to produce the shape factor for the sealant specified.

vi. The sealant shall be tooled to produce a slightly concave surface approximately 1/4" below the pavement surface.

3) Contractor is responsible for the disposal of all excavated material and all clean up associated with the project.

Excavated material shall be removed from site as soon as possible. Excavated material staged on site for more than 3 days must be approved by the CO or CO’s representative.

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Section 6: Universal Scope Requirements ALL of the requirements in this section are MANDATORY for ALL GSA projects

See the attached Universal Scope Requirements document for the full details outlining each item

Failure to comply with any and all of the requirements will result in the project not being accepted as complete

REQUIREMENTS for ALL Projects (Construction, Design & Design/Build)

a) Safety and Health Program

b) Asbestos Containing Materials. To comply with federal and state regulations as well as GSA policy, an asbestos pre-alteration assessment is required for all construction projects as outlined in Section B of the Universal Scope Requirements.

c) Lead Containing Paint / Lead Based Paint

d) Excavation Permit

e) Utility Locates

f) Green Purchasing

g) Construction Indoor Air Quality (IAQ) Management Plan

h) Construction Waste Diversion

i) gBuild

j) Accessibility

k) Commissioning (for all new AHUs or all new building system equipment)

l) GSA IT Network

m) Building Monitoring and Control Systems (BMC)

n) Advanced Metering System

o) Sustainable Environmental Management System (SEMS)

Typical Project Document References https://www.gsa.gov/real-estate/design-construction/architecture-engineering/facilities-standards-p100-overview

Section 7: Contract Type Contract to be Firm Fixed Price

Section 8: Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the Project Manager (PM), Jesse Johnson, for approval prior to commencement of work. At a minimum, the MOP shall include:

a) Brief narrative describing method of accomplishment, construction techniques, etc

b) Project schedule

c) Service/Utility Outages (if necessary)

d) Phasing schedule (if necessary)

e) Any building infrastructure/BAS equipment that may be impacted

2) As- Builts (CAD and/ or BIM)

3) Pre-alteration assessment report

4) Equipment list and preventative maintenance plan formatted to be used in Maximo.

5) Manufacturer's specifications, instructions and material specification sheets in original form

6) Submittal register/ log for all products specified to establish a standard of quality to include. Submittal register response by the government shall be (14) calendar days or less.

7) If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension. After completion of all work, the Contractor shall submit to the project manager the manufacturer's specifications, instructions and material specification sheets in original form. Additionally, the Contractor shall submit all inventory changes (removals, additions, upgrades, etc., and new condition codes) to the COR.

8) Submittal response by the government shall be (14) calendar days or less.

Section 9: Proposal Pricing

1) Pre-proposal Site Visit Meeting:

https://www.gsa.gov/real-estate/design-construction/architecture-engineering/facilities-standards-p100-overview

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a) Contact Project Manager to set up an appointment.

I. The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

b) Review existing conditions of the project area including any field verification.

c) Review the solicitation/evaluation requirements.

2) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond broken down into shell, tenant improvement (TI) (by tenant), Building- Specific Amortized Capital (BSAC), and environmental (as applicable). Follow P120 guidelines for tier level based on project triage tool. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

b) Base Bid-

c) Option 1- If Applicable

d) Option 2- If Applicable

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during business hours of 7:00 am 5:30 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the Contracting Officer. The contractor will need to coordinate with the Contracting Officer to arrange access to the parking lot. The contractor shall make every effort to cause a minimum of damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

b) Operations will continue during this project so particular attention shall be given to phasing of project to minimize disruptions to their activities. Contractor shall coordinate with GSA representatives and then provide a schedule with phasing and duration for each activity.

Schedule approval is to be obtained at least seven days prior to any work commencing.

Communication during this project will be critical to meet this need.

2) Progress Meetings

a) Progress meetings are not required for this project. The project manager and building team representative shall make daily inspections of the work progress.

3) Equipment The contractor shall provide all equipment associated with the entire project, operate in a safe manner and adhere to all OSHA and GSA standards.

4) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project. Contractor to coordinate with building manager for location of storage sheds.

5) Sanitary Facilities Provide and maintain temporary toilet facilities in accordance with State Health Department and GSA requirements.

6) Badging & Security All contractor and sub-contractor personnel must obtain an HSPD-12 badge. An HSPD-12 badged worker may escort up to five non-badged workers at a time for up to 15 days.

7) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during the course of this project. The contractor is responsible for making connections to the existing systems. Temporary electrical work shall meet the requirements of NFPA 70-

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1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

8) Contractor’s Field Office The contractor may provide an office/staging area for their own use. Size, location, and construction shall be subject to approval. Contractors may use the sanitary facilities in the building.

9) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

10) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

11) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

12) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times. The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

The contractor shall take all necessary precautions to prevent any dust or debris from filtering into other parts of the building including but not limited to mechanical and Fire Alarm systems. Should dust or debris filter into other parts of the building the contractor shall take immediate steps to clean the area (no equipment or supplies will be furnished by GSA).

13) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with COR to avoid conflict with other tenants and other work conditions at the site. Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

14) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

15) Painting/Staining All painting, staining, or other activity which may cause noxious or undesirable fumes must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from GSA.

16) Substantial Completion and Final Inspection

a) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

b) Red-lined drawings and CAD as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings.

Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction conditions. Show additions in red, deletions in green, and special instructions in blue print. Provide to GSA within timeframe negotiated at time of award.

c) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Maintenance and operation manuals

17) Protection of the Building The construction contractor is responsible for the protection of all existing building property for damage due to work performed under this contract. Any damage caused by the performance of this contract shall be repaired to match like or better condition at no additional cost to the government.

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Section 11: Payments

1) Payments: FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

a) Before submitting a request for payment, the Contractor shall attend pre-invoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

b) The Contractor shall submit its invoices to the Contracting Officer. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments.

c) If the invoice does not meet the requirements of FAR Clause 52.232-27 (a)(2) and the requirements specified in Subparagraphs (3)(a),(d),(e),and(f) of the Administrative Matters clause, the Contracting Officer may be return the invoice to the Contractor without payment for correction. If the Contracting Officer disputes the requested payment amount, the Government may pay the portion of the requested payment that is undisputed.

d) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

e) Invoices must include the Account Document Number (ADN) assigned at award.

f) The Contractor shall submit the following information or documentation with each invoice:

g) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only) or AIA

Form G702, including the updated Schedule of Values upon which the payment request is based;

i. GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction

Contract;

ii. The payment terms that apply for the particular services rendered;

iii. Additional documentation: NA

h) GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

2) Prompt Payment.

In accordance with FAR clause 52.232-27, the period for payments is as follows:

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

3) Payment Information:

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

http://www.finance.gsa.gov/

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Portal LPOE Pictures

Picture 1 Picture 2

Picture 3 Picture 4

Picture 5

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Picture 6 Ambrose LPOE

Picture 7 Ambrose LPOE

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AMBROSE

General Decision Number: ND190034 01/04/2019 ND34

Superseded General Decision Number: ND20180042

State: North Dakota

Construction Type: Building

Counties: Bowman, Divide, Dunn, Golden Valley, Hettinger, Slope and Stark Counties in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 $10.60 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 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). 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 01/04/2019

BOIL0647-006 03/01/2018

Rates Fringes

BOILERMAKER......................$ 37.22 27.14

* BRND0001-003 05/01/2018

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BRICKLAYER.......................$ 32.68 13.42

ELEV0009-006 01/01/2017

ELEVATOR MECHANIC................$ 46.90 31.585

ENGI0049-005 10/01/2018

POWER EQUIPMENT OPERATOR:

(Forklift).......................$ 31.75 19.35

IRON0512-014 05/01/2018

IRONWORKER (REINFORCING AND

STRUCTURAL)......................$ 32.05 27.85

PLAS0633-001 05/01/2018

CEMENT MASON/CONCRETE FINISHER...$ 30.33 14.90

PLUM0300-018 06/05/2017

PIPEFITTER (Excludes HVAC

Pipe Installation)...............$ 31.38 15.30

PLUM0300-019 06/05/2017

PLUMBER (Excludes HVAC Pipe

Installation)....................$ 31.38 15.30

* UAVG-ND-0001 01/01/2016

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 25.25 15.31

SUND2012-023 08/18/2014

CARPENTER........................$ 23.85 8.07

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ELECTRICIAN......................$ 25.16 8.84

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 17.39 2.10

LABORER: Common or General......$ 17.91 8.05

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 22.48 4.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.23 12.65

OPERATOR: Crane.................$ 27.00 15.65

OPERATOR: Loader................$ 21.00 12.45

PAINTER (Brush and Roller).......$ 18.18 0.00

PLUMBER (HVAC Pipe

Installation Only)...............$ 25.29 12.80

SHEET METAL WORKER (HVAC Unit

Installation Only)...............$ 23.30 11.01

TRUCK DRIVER: Dump Truck........$ 20.95 0.00

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)).

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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

Pages 21 of 66 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

The request should be accompanied by a full statement of the

Pages 22 of 66 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

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

END OF GENERAL DECISION

PORTAL

General Decision Number: ND190035 01/04/2019 ND35

Superseded General Decision Number: ND20180043

State: North Dakota

Construction Type: Building

Counties: Burke, McHenry, Pierce and Sheridan Counties in

North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 $10.60 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 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum

Pages 23 of 66 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 01/04/2019

BOIL0647-006 03/01/2018

BOILERMAKER......................$ 37.22 27.14

BRND0001-004 05/01/2018

BRICKLAYER.......................$ 32.38 13.72

ELEC0714-012 07/01/2018

ELECTRICIAN (Including Low

Voltage Wiring)..................$ 34.37 10.00+10.5%

ENGI0049-006 05/01/2017

POWER EQUIPMENT OPERATOR:

(Roller).........................$ 31.75 19.35

IRON0512-014 05/01/2018

IRONWORKER (REINFORCING AND

STRUCTURAL)......................$ 32.05 27.85

LABR0563-004 05/01/2018

LABORER

Carpenter Tender............$ 24.01 17.38

Common or General...........$ 24.01 17.38

PLAS0633-001 05/01/2018

Pages 24 of 66

CEMENT MASON/CONCRETE FINISHER...$ 30.33 14.90

PLUM0300-017 06/05/2017

PLUMBER..........................$ 31.38 15.30

* PLUM0300-020 06/04/2018

PIPEFITTER.......................$ 34.44 16.42

SHEE9010-002 06/09/2014

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.45 13.95

SUND2012-024 08/18/2014

CARPENTER........................$ 23.66 7.35

FORM WORKER......................$ 16.38 6.24

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 17.39 2.10

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 22.97 4.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.23 12.65

OPERATOR: Crane.................$ 27.00 15.65

OPERATOR: Forklift..............$ 26.40 13.58

OPERATOR: Loader................$ 21.00 12.45

PAINTER (Brush and Roller).......$ 18.18 0.00

TRUCK DRIVER: Dump Truck........$ 20.95 0.00

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

Pages 25 of 66

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

Pages 26 of 66

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.)

Pages 27 of 66 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

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

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

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

END OF GENERAL DECISION

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that

Pages 28 of 66 may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

II.B. Contract Price Form

Please use SF1442 for offer.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

(1) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

(2) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy.