ADDENDUM No 4.pdf

EQUAL OPPORTUNITY EMPLOYER

TDD (800) 828-1120 --- Virginia Relay Center

Department of Energy 3405 Mountain Empire Road

Big Stone Gap, Virginia 24219-0900

(276) 523-8100 FAX (276) 523-8111

www.energy.virginia.gov

May 22, 2024

Addendum No.4 to All Bidders:

Reference – Request for Proposals: RFP - 66028

Commodity: 91054 – Painting, Maintenance and Repair Services (Including Caulking)

Dated: May 22, 2024

For Delivery To: Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219

Proposals Due: June 3, 2024

Pre-Proposal Conference: May 20, 2024

The above is changed to read:

A. Updates to Scope of Services:

• Relocation of office contents such as office furniture, desks, credenzas, bookshelves, etc. will be required to access surfaces to be painted. Agency staff will be asked to secure personal items such as photos and personal desktop items prior to the contractor start of work in those areas.

• Removal of all existing chair railing and associated mounting hardware throughout the building with the exclusion of Room# 145.

• Removal of all Cove Baseboard Molding.

• Paint Color for ceiling alcoves shall be Ingot Gray (light gray) of existing finish and match designated color scheme.

• Room #’s 104, 117, 122, 145, 203, 212, and 224 will not be painted.

• Revised Scope of Services with updates is attached.

http://www.energy.virginia.gov/

B. Performance and Payment Bonds

Regarding a question presented during the pre-proposal conference concerning the requirement of

Performance and Labor & Material Payment bonds:

Bonds on Construction Contracts. Upon award of a non-transportation-related construction contract exceeding $500,000, the contractor shall furnish a Performance Bond and a Payment Bond, each in the sum of the contract. (Code of Virginia, § 2.2-4337). Each bond shall be executed by one or more surety companies that are legally authorized to do business in Virginia. Form CO-10 Commonwealth of Virginia

Standard Performance Bond, Form #DGS-30-084, and Form CO-10.1 Commonwealth of Virginia

Standard Labor and Material Payment Bond, Form #DGS-30-088, shall be used. (Forms may be downloaded from the DGS/Division of Engineering & Buildings website, http://deb.dgs.virginia.gov.

C. DAVIS-BACON ACT / PREVAILING WAGE RATE

This project will be subject to Code of Virginia §2.2-4321.3 Payment of Prevailing Wage for work performed on public works contracts; penalty.

Item J. of Code of Virginia §2.2-4321.3 states the following: “The provisions of this section shall not apply to any public contract for public works of $250,000 or less.

As it is anticipated the contract for this project will not exceed the $250,000 threshold as established in

Item J. of Code of Virginia § 2.2-4321.3, prevailing wage rate will only apply in the instance the $250,000 contract value is exceeded.

“Prevailing wage rate” means the rate, amount, or level of wages, salaries, benefits, and other renumeration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality in which the public facility or immovable property that is the subject of public works is located, as determined by the Commissioner of Labor and

Industry on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of

Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.

All Offeror’s are hereby instructed that a Signed Acknowledgement of Addendum No.4 must be received by Virginia Energy either prior to the Proposal due date & time, (June 3, 2024 – 3:00 PM), or must be included with a firm’s proposal submission to Request for Proposal #66028 – Painting of Buchanan / Smith Building Office Spaces.

Should an Offeror elect to forward a Signed Acknowledgement of Addendum No.4 prior to the Proposal due date & time, please forward the Signed Acknowledgement of Addendum No.4 to:

Virginia Department of Energy

Machelle Meade, Procurement Officer | VCO

3405 Mountain Empire Road Big Stone Gap, VA 24219 http://deb.dgs.virginia.gov/

All other items remain the same.

Thank you, Machelle W. Meade, Procurement Officer | VCO

Virginia Department of Energy

3405 Mountain Empire Road Big Stone Gap, Virginia 24219

(276) 523-8211 machelle.meade@energy.virginia.gov

Name of Firm

Signature / Title

Date mailto:machelle.meade@energy.virginia.gov

BUCHANAN / SMITH BUILDING INTERIOR PAINTING PROJECT

SCOPE OF SERVICES:

The selected Offeror shall furnish all equipment, labor, materials, and resources necessary to provide painting services of the Buchanan / Smith Building and Garage facility located at 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219, as requested by Virginia Department of Energy.

The scope of services shall be comprised of priming and painting of interior spaces to include office spaces, reception area, foyer, conference rooms, hallways, restrooms, breakrooms, stairwells, metal doorways and frames, ceiling alcoves, utility access panels, radiator covers and associated trim work as needed. The work shall include preparation of surfaces, such as cleaning, and repair of damaged drywall/sheetrock surfaces as necessary, prior to application of primer and paint. Surfaces to be painted shall include drywall/sheetrock, cinderblock, and metal surfaces. The work shall also include removal of all chair railing throughout the Buchanan / Smith Building.

Work proposed for this project shall include the following activities:

• Relocation of office contents such as office furniture, desks, bookshelves, etc. will be required to access surfaces to be painted.

• Removal of all existing chair railing and associated mounting hardware throughout the building.

• Make any repairs necessary to surfaces prior to painting.

• Cleaning and preparation of surfaces to be painted.

• Time is of the essence for the requested work; therefore, the selected Offeror shall provide equipment, materials, and workforce of appropriate size, capabilities, and number to achieve all project goals as quickly as possible after notification to proceed has been received.

• All required safety policies, procedures and precautions shall always be adhered to by Offeror and staff during performance of the work.

• The Offeror shall work closely with the Agency during the performance of the project in coordinating work with other contractors and in scheduling work to have as little impact and interruption as possible with Agency staff in performance of job duties and responsibilities.

• The Offeror shall ensure that all work areas are clean and all office contents, to include office furniture, desks, bookshelves, etc. are returned to original locations.

• The Offeror should submit Invoices for work as completed during completion of the work.

• The Offeror shall work with the Agency to establish an acceptable storage area and in coordinating delivery of materials required for the work.

• An Excel spreadsheet providing area and perimeter measurements of all spaces of the Buchanan /

Smith Building will be provided.

• Floor Plans of each floor of the Buchanan / Smith Building (2 floors in total) will be provided.

• Majority of work shall take place in the Buchanan / Smith Building.

• Floor Plan of Garage facility will be provided as well.

• Painting of the Garage facility shall encompass two office spaces and a breakroom area.

• Paint for all wall surfaces shall be Interior Ovation Plus Interior Eggshell.

• Paint for ceiling alcoves shall be Ingot Gray (light gray) of existing finish (Satin).

• Paint for metal doors, doorway frames, utility access panels, and radiator covers shall be Semi-

Gloss Enamel Ingot Gray (light gray).

• Paint for radiator covers shall be Semi-Gloss Enamel Ingot Gray, heat / high temperature resistant.

• The Agency maintains samples of previous painting materials. These painting sample materials will be made available to the awarded Offeror for correct color matching purposes.

Code of Virginia Title 2.2. Administration of Government Chapter 43. Virginia Public Procurement Act

§ 2.2-4321.3. Payment of prevailing wage for work performed on public works contracts; penalty.

A. As used in this section:

"Locality" means any county, city, or town, school division, or other political subdivision.

"Prevailing wage rate" means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality in which the public facility or immovable property that is the subject of public works is located, as determined by the Commissioner of Labor and Industry on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.

"Public works" means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency or locality, including transportation infrastructure projects.

"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" does not include any county, city, or town.

B. Notwithstanding any other provision of this chapter, each state agency, when procuring services or letting contracts for public works paid for in whole or in part by state funds, or when overseeing or administering such contracts for public works, shall ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. Each public contract for public works by a state agency shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.

C. Notwithstanding any other provision of this chapter, any locality may adopt an ordinance requiring that, when letting contracts for public works paid for in whole or in part by funds of the locality, or when overseeing or administering a public contract, its bid specifications, project agreements, or other public contracts applicable to the public works shall require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract at the prevailing wage rate. Each public contract of a locality that has adopted an ordinance described in this section shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.

D. Any contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract for public works for or on behalf of a state agency or for or on behalf of a locality that has adopted an ordinance described in subsection C or at a rate that is less than the prevailing wage rate (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor.

5/21/2024

E. Any interested party, which shall include a bidder, offeror, contractor, or subcontractor, shall have standing to challenge any bid specification, project agreement, or other public contract for public works that violates the provisions of this section. Such interested party shall be entitled to injunctive relief to prevent any violation of this section. Any interested party bringing a successful action under this section shall be entitled to recover reasonable attorney fees and costs from the responsible party.

F. A representative of a state agency or a representative of a locality that has adopted an ordinance described in subsection C may contact the Commissioner of Labor and Industry, at least 10 but not more than 20 days prior to the date bids for such a public contract for public works will be advertised or solicited, to ascertain the proper prevailing wage rate for work to be performed under the public contract.

G. Upon the award of any public contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the project to be used by such contractor and any of the contractor's subcontractors for work to be performed under such public contract. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third party fund, plan or program to which benefit payments will be made on behalf of employees.

H. Each employer subject to the provisions of this section shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and

(ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each work day and week. The employer shall preserve these records for a minimum of six years and make such records available to the Department of Labor and Industry within 10 days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.

I. Contractors and subcontractors performing public works for a state agency or for a locality that has adopted an ordinance described in subsection C shall post the general prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within 10 days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection.

J. The provisions of this section shall not apply to any public contract for public works of $250,000 or less.

2020, cc. 1216, 1243; 2021, Sp. Sess. I, c. 549.

http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1216 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1243 http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0549

"General Decision Number: VA20240006 03/29/2024

Superseded General Decision Number: VA20230006

State: Virginia

Construction Type: Building

County: Wise County in Virginia.

Includes the independent city of Norton*

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

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 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 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024

1 02/02/2024 2 03/29/2024

ASBE0024-006 10/01/2023

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)......................$ 40.02 19.67+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

* ELEC0666-001 03/01/2024

Rates Fringes

ELECTRICIAN......................$ 36.21 26.95%+8.17

ENGI0147-015 05/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR

Bulldozer...................$ 28.60 13.05

* SUVA2013-015 01/11/2016

Rates Fringes

CARPENTER........................$ 15.84 ** 1.42

GLAZIER..........................$ 16.95 ** 2.48

LABORER: Common or General......$ 11.06 ** 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 11.00 ** 0.50

PIPEFITTER.......................$ 20.89 6.63

PLUMBER..........................$ 18.45 3.05

ROOFER...........................$ 15.56 ** 3.06

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 17.73 6.44

TRUCK DRIVER: Dump Truck........$ 11.25 ** 0.57

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

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

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 https://www.dol.gov/agencies/whd/government-contracts.

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) (iii)).

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 National Office because National Office has 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"