Bismarck 37 DB Sidewalk snow melt system 22 Solicitation.pdf

Solicitation 47PJ0022R0119 GSA Contract No:

Design Build Contract for: Bismarck FB sidewalk snow melt system

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 Representatives 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 B. Contract Price Form

III. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources

IV. Contract Clauses A. Clauses Incorporated in Full Text

1. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

2. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

3. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2021)

4. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (Sep 99)

5. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

6. Buy American Requirements

7. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020)

8. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (DEVIATION APR 2020)

9. FAR 52.219-14, Limitations on Subcontracting (SEP 2021)

10. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements-Price

Adjustment (None or Separately Specified Method) (Aug 2018)

11. Special 8(a) Requirements

12. FAR 52.244-5, Competition in Subcontracting (DEC 96)

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

Design/Build project to design and build a sidewalk snow melt system

I.B. The Contract

The Contract consists of the SF1442, 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) 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 10 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 _240_ 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 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Interior/Exterior work

I.E. Authorized Representatives

(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:

Authorized Representative Information:

Contracting Officer’s Information

Name: Cody Lee

Address: 657 2nd Ave N Fargo, ND 58102

Telephone: 701-566-6124

Email: cody.lee@gsa.gov

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate

In accordance GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $0 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 GSA Solicitation No. 47PJ0022R0119, Dated 8/10/22

(2) Construction Drawings for GSA Solicitation No. 47PJ0022R0119, Dated 8/23/22

(3) Wage Determination ND20220012, Dated 07/22/22

DESIGN- BUILD STATEMENT OF WORK

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

mailto:cody.lee@gsa.gov

Date: 8/10/2022 Revision: 8/23/2022

Section 1: Project Title

Bismarck Sidewalk Snowmelt System

Section 2: Project Location, Building Name, & Building Number

William Guy Federal Building 220 East Rosser Ave Bismarck ND, 58501 Building Number: ND0037ZZ

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 Phone (C): 701-202-9036

Property Manager Name: James Langlois Email: james.langlois@gsa.gov Address: 220 East Rosser Ave Bismarck, ND 58501 Phone (O): 701 566-6115

DESIGN- BUILD PROGRAM

Section 4: Design- Build Requirements

1) The Contractor will be responsible for all aspects of design and construction to complete the project objectives. All required Architect and Engineering (A/E) services are to be provided in house by a licensed A/E or subcontracted out by the Contractor to a licensed A/E.

2) The Contractor shall provide design services, including field surveys of as-built conditions, coordination with GSA and the tenant agency, and preparation of the bidding documents and construction administration necessary to perform the work as described herein.

3) Based on design approval, the contract will then move into construction/implementation of the design as outlined in the design documents and the below construction segment of this document. Upon receiving written approval from GSA the contractor may begin construction prior to design completion.

DESIGN PHASE

Section 5: Project Background & Project Description The GSA is initiating a project to integrate the existing snowmelt system into a new concrete sidewalk on the north side of the building. In the past, ice has formed on the sidewalk from snowmelt off the building during the colder months of the year. GSA would like to add the sidewalk snowmelt hydronic system to the existing ramp hydronic system.

Section 6: Project Objectives Design services required to accomplish the project: The Architect-Engineer (A-E) shall provide design services, including field surveys, coordination with GSA and the using

Agencies and preparation of the bidding documents necessary to perform the work as described herein. The contractor shall address the following construction concerns in their design. Design shall be in compliance with the GSA P100 and local code requirements.

1) The contractor is responsible for obtaining public and private utility locates prior to performing any excavation activities.

2) Concrete Demolition:

a. No work shall begin until all the vehicles are moved from the parking spots around the sidewalk.

b. Lock-out and Tag-out the two exterior doors until all work on the new sidewalk is complete.

c. The contractor shall remove approximately 711 SF of concrete. The thickness of the concrete sidewalk is approximately 6 inches thick. The concrete also includes rebar that needs to be removed with the concrete.

3) The existing curb shall remain in place and the expansion fiber board shall be removed and replaced.

4) Snow Melt System:

a. The snow melt system shall operate and function off portions of the existing ramp snowmelt system.

b. The Engineer will need to test the existing system to see if the system is capable of handling the additional snowmelt for the sidewalk.

c. The sidewalk should run independently with a moisture sensor because there are times when snow melts off the building and builds up on the sidewalk below, separate from when the ramp is in operation. The system should also have the capability of operating manually.

d. The new system tubing shall be imbedded in the new concrete sidewalk and shall be zoned according to manufacturers specifications.

5) New Concrete Sidewalk:

a. The concrete shall be 4000 psi at a minimum with 6% - 8% air entrainment and have no more than a 4” slump.

b. All reinforcement shall be #4 grade 60, deformed rebar shall be used and installed according to industry standard but no more than a 16” grid and tied at every other lap. All drivable surfaces shall have a minimum #4 rebar 12” OC in 6” thick concrete. The sidewalk shall be pinned to the building every 2’.

c. All concrete shall be finished with a medium broom finish perpendicular to traffic to prevent slipping.

d. The contractor shall replace the concrete ramp and handrails at the center door of the building. Ramp shall meet Architectural Barriers Act (ABA) standards.

e. Spray curing compound immediately after finishing. Curing compounds shall have “fugitive” pigments that dissolve over time to provide non-tinted/non-stained concrete.

f. If weather conditions cause rapid drying of eh pavement surface, use a fogger to apply a fine mist to the concrete surface for interim curing. Fog immediately behind the tinning float and maintain fogging to produce a sheen on the surface until the curing is applied, do not apply with brushes.

g. If ambient temperature falls below 40ºF, maintain the concrete surface temperature between 40ºF and 90ºF for the duration of the curing process.

If High-early strength concrete is used maintain the surface temperature between 50ºF and 90ºF. Conduct heating operations to avoid sudden temperature changes in the concrete, before removing any enclosures, decrease the concrete’s surface temperature to the air temperature at a rate not to exceed 15ºF per hour.

h. Contractor shall make sure suitable material is used as a base material.

NDDOT class 5 or better granular material shall be used for base and be a minimum of 6” in depth.

i. Contractor may use admixtures to minimize curing time, for additional admixtures and retarders may be advisable for hot or cold weather conditions. Any and all admixtures must be submitted for approval before use.

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

Section 7: Proposal Pricing & Site Walk

1) Pre-proposal Site Visit Meeting:

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

b. The A/E shall perform any site reviews necessary to ensure the design documents correctly reflect the existing conditions of the project area to include any field verification.

c. Review the solicitation/evaluation requirements.

2) Cost Proposal Requirements:

a. Design Pricing- When submitting a proposal, provide a cost breakdown for each task based on estimated unit hours to perform each task.

b. Construction Pricing- 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 3 based on project triage tool. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

c. Base Bid- Design & Construction

Section 8: Project Background & Project Description Once award has been issued, the contractor has 100 calendar days to complete the design and 200 calendar days to complete construction. The contractor must also promptly begin the badging process at the time of award. Please allow a minimum of

30 days to complete the badging process. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting

Officer’s discretion. Contractor to provide overall project design and construction schedule that does not exceed the period of performance.

Section 9: 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) Accessibility

e) Green Purchasing

f) Construction Indoor Air Quality (IAQ) Management Plan

g) Construction Waste Diversion

REQUIREMENTS for ALL projects IF APPLICABLE (Remove if not needed

AFTER consulting with OFM and/or other appropriate groups)

h) Excavation Permit

i) Utility Locates

j) gBuild

k) Historic Compliance

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

m) GSA IT Network

n) Building Monitoring and Control Systems (BMC)

o) Advanced Metering System

p) Sustainable Environmental Management System (SEMS)

REQUIREMENTS for DESIGN & DESIGN/BUILD Projects only

q) Asbestos Containing Materials

r) Energy Design

s) Electrical Design

t) Lighting Design

u) Mechanical Design

v) Seismic Safety Design

w) Physical Security Performance Attributes

x) Water-Efficient & Pollinator-friendly Landscaping

y) Stormwater Management

Typical Project Document References

Rebates

The Contractor shall pursue any and all utility rebate and incentive programs and any government grant or incentive programs at the local, state, and federal level. Contractor is responsible for researching, submitting, and ensuring collection of all applicable rebates. Rebate opportunities must be explored for all elements of the project including but not limited to resource-saving equipment, materials, design & services (Commissioning/Recommissioning and other strategies & processes). Submit all rebate checks to:

General Services Administration Attn: Ron Burnett 1961 Stout Street Suite 01-107 Denver, CO 80294

For assistance with the rebate process please contact Doug Baughman, Regional Rebate Coordinator doug.baughman@gsa.gov (303) 941-1306

Section 10: Design Program Reconciliation, Cost Management/Estimating, Design Submittals (Schedule & Drawings)

1) Design & Program Reconciliation::

https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g mailto:doug.baughman@gsa.gov tel:(303)%20941-1306

• All design service submittals and approvals will be in accordance with the schedule as stated below including the quantity and type of submittals for each design milestone.

• The DB shall design and construct the project which does not deviate from the Program of Requirements/ Project Objectives. The DB shall provide a space reconciliation report at concept, final concept, design development and construction document submissions. The report shall indicate all spaces as programmed and designed. Measurement of space shall conform with the Standard Method for Measuring Floor Area in Office Buildings ANSI/BOMA Z65.1, 1996 edition, issued by the Building Owners and Managers Association (BOMA) as interpreted in the GSA: PBS National Space Assignment Policy, and shall be used to calculate the GSF of the building.

The report shall include electronic copies of all unlocked native spreadsheets and BIM/CADD drawings used to generate the report.

• All calculations performed for the design shall be included with each submission (ex: short circuit calculations, voltage drop calculations, etc).

2) Baseline Construction Budget Cost Breakdowns:

• Based on the final design concept, provide an updated construction work allocation plan with corresponding budget breakdown, uniformat level 3 budget breakdown, and supporting cost estimates. Perform cost estimate reconciliation and prepare and submit a cost estimating reconciliation report.

Coordinate with GSA as necessary to reach agreement on both budget breakdowns. Include breakout estimate(s) for Core and Shell vs.Tenant as well as allocation of tenant costs between building tenants, if applicable.

Refer to PBS GSA P-120 Project Estimating Requirements for additional detail.

• Before beginning work on the construction documents, provide an updated construction work allocation plan with corresponding budget breakdown, a uniformat level 3 budget breakdown, and supporting cost estimates, all as described under the General Requirements, Cost Management section above. Perform cost estimate reconciliation and prepare and submit a cost estimating reconciliation report. Coordinate with GSA as necessary to reach agreement on both budget breakdowns. Include breakout estimate(s) for Core and Shell vs. Tenant as well as allocation of tenant costs between building tenants.

3) Construction Cost Estimating The estimated cost of construction (ECC) as provided in the Contractor proposal, including any modifications thereto as a result of final contract negotiation, shall serve as the baseline construction budget for the project at the time of award of the DB contract. The Contractor shall provide the following breakdowns of the baseline construction budget before any other work begins:

• a uniformat level 3 breakdown of the baseline construction budget, with a separate tenant improvement (TI) and security line item for tenant agency(ies); and a preliminary plan for allocation of the construction work among subcontracts and that which is to be self-performed, with a corresponding breakdown of the baseline construction budget. (If the construction work allocation plan and cost breakdown provided in the Contractor proposal are still valid, they shall serve this purpose.)

Before the start of the Design Concept Phase, the Contractor and GSA shall agree on both Contractor breakdowns of the baseline construction budget.

After GSA approval, GSA shall record the baseline construction budget breakdowns.

The Contractor shall update the construction work allocation plan and both baseline construction budget breakdowns at the end of each design phase.

With each such update, the Contractor shall provide supporting detailed cost estimates:

• Line item breakdowns are correct and consistent.

• All design elements are included.

• Unit costs are reasonable.

• Quantity takeoffs are accurate.

• Level of detail is appropriate to the phase.

• Cost escalation factors are appropriately applied.

• Balance of costs among building systems is acceptable.

• Balance of core/shell and TI/security costs is acceptable.

• Up-to-date scope modifications are reflected.

• Formats are correct.

The Contractor shall be responsible to reconcile any significant differences between the updated baseline construction budget breakdowns and the previously agreed upon breakdowns. For the uniformat level 3 breakdowns, Contractor reconciliation shall include justification of any significant differences between the uniformat level 3 line items. For the construction work allocation breakdowns, the Contractor reconciliation shall include justification of differences in the construction work allocation plans and/or in the amounts for self-performed work and subcontract work packages. The Contractor shall prepare and submit a cost estimating reconciliation report summarizing the reconciliation process and the justification for cost migration between the budget line items in both budget breakdowns. Upon approval by GSA, the reconciled breakdowns shall serve as the updated baseline construction budget.

Conceptual Design Submittal (35% design completion)

• The conceptual design will include specification outline, existing conditions documentation, concept design drawings, & all appropriate calculations.

Mid-Point Design Submittal (65% design completion)

• The midpoint design will include specifications inclusive of all appropriate sections, drawings, & calculations.

Pre-Final Design Submittal (95% design completion)

• The pre-final submittal will include the fully developed specifications, drawings and calculations. Action on previous project review comments shall be incorporated in the construction documents. If not incorporated, a written justification for not doing so is required. A 95% submission is expected to be 100% complete with regards to all design information, notes and coordination.

The intent is to allow the Government an opportunity to make any final comments.

Final Submittal (100% design completion)

• Action on previous project review comments shall be incorporated in the construction documents. If not incorporated, a written justification for not doing so is required.

Design Program Schedule

Milestone Calendar Days

Design Work Order/ Site Investigation 30

Conceptual (35%) Submission Due 20

Conceptual Review 7

Midpoint (65%) Submission Due 14

Midpoint Review 7

Pre-Final (95%) Submission Due 8

Pre-Final Review 7

Final (100%) Submission Due 7

Total Time 100

DRAWINGS, COST ESTIMATES & SPECIFICATION REQUIREMENTS

Design Stage Drawings Cost Estimates Specifications

Conceptual (35%) 3 1 Email PDF

Midpoint (65%) 4 1 Email PDF

Pre-Final (95%) 5 1 Email PDF

Final (100%)* TBD 1 Email PDF

Half-Size (100%) 1 1 -

Section 11: General Requirements

1) Contractor Use of the Premises

a. During the period of the design, the contractor will have access to the site only during business hours of 6:00 am 6:00 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.

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) All work shall be approached with the objective of accomplishing the project goals while meeting current codes with the least amount of tenant interruption.

This scope is not to be considered all inclusive, therefore the A/e shall exercise due diligence to ensure that all aspects of the design are addressed.

4) If additional services outside the scope of this contract are required, the contractor shall notify the GSA project manager before any additional work begins.

5) The contractor may contact the building manager or project manager for access to existing plans and prior studies conducted for this building. The contractor is responsible duplicating the drawings. This includes copying or producing electronic backgrounds.

Section 12: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) The contractor may be subjected to additional background checks by the local agency at any border station projects.

3) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

Section 13: Payments

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

CONSTRUCTION PHASE

Section 14: Construction Requirements

Once Construction Notice to Proceed (NTP) is issued, the Contractor will provide all the labor, materials, and supervision necessary to successfully complete construction of the final approved construction drawings.

Section 15: Construction Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the GSA Delivery

Project Manager (PM) 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) Updated project schedule (to include critical path, major milestones, long lead time items, mob & de-mob, inspection dates, substantial completion, and occupancy dates) http://fedidcard.gov/

c) Service/Utility Outages (if necessary)

d) Provide phasing schedule (if necessary)

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

2) As- Builts (CAD). BIM is required for any project above the Simplified Acquisition Threshold, currently $250,000.

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

4) 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.

a) For pricing purposed please assume 1 hard copy of submittals and 1 electronic copy to be sent to the project manager. Distribution list including final quantities will be finalized after receipt of the submittal log/ register by GSA project manager.

5) 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.

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

Section 16: 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 6:00 am 6:00 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.

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) 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 70-1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

6) Contractor’s Field Office The contractor may provide an office for their own use. Size, location, and construction shall be subject to approval.

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

8) 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.

9) 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.

10) 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.

11) 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.

12) 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.

13) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public 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.

Section 17: Substantial Completion & Final Inspection

1) When the project or designated portion of project is deemed complete by the contractor, the contractor shall request a final inspection. Upon receipt of this request, 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.

2) Red-lined drawings and CAD and/or BIM 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.

3) 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

Section 18: Attachments

1) Universal Scope requirements

2) Badging & Security Requirements (Vendor Fitness Determination Training

Manual)

3) Snowmelt Drawings

"General Decision Number: ND20220012 07/22/2022

Superseded General Decision Number: ND20210012

State: North Dakota

Construction Type: Building

County: Burleigh County in North Dakota.

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)(2)-(60).

|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 $15.00 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 2022. | |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: | $11.25 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 2022. |

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

Modification Number Publication Date 0 01/07/2022 1 01/21/2022

2 02/25/2022 3 04/15/2022 4 07/15/2022 5 07/22/2022

BOIL0647-006 01/01/2021

Rates Fringes

BOILERMAKER......................$ 40.94 28.44

* ELEC0714-013 07/04/2022

Rates Fringes

ELECTRICIAN......................$ 36.49 11.86+10.5%

* IRON0512-006 05/01/2022

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 35.95 33.11

PLUM0300-017 05/30/2022

Rates Fringes

PLUMBER..........................$ 35.88 18.85

PLUM0300-020 06/07/2021

Rates Fringes

PIPEFITTER.......................$ 38.19 17.42

SFND0669-002 04/01/2022

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 36.78 21.85

SHEE9010-001 06/03/2019

Rates Fringes

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 27.91 18.21

* SUND2012-001 08/18/2014

Rates Fringes

BRICKLAYER.......................$ 24.46 13.96

CARPENTER........................$ 15.78 0.00

CEMENT MASON/CONCRETE FINISHER...$ 17.73 4.24

HVAC MECHANIC (Installation of HVAC Unit Only)...............$ 24.46 5.47

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical System Insulation)...............$ 16.73 2.94

LABORER: Common or General......$ 13.64 ** 0.00

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 14.23 ** 4.50

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.06 4.00

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 25.98 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 17.17 2.66

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 24.14 0.00

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

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 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.

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) (ii)).

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

Union Rate Identifiers

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

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

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

Survey Rate Identifiers

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

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

Union Average Rate Identifiers

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

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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"

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 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.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form

Please use SF1442 for pricing.

III. Terms and Conditions

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

FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and 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

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

III.D. Finality of Contract Modifications As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time.

Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.E. Liquidated Damages

The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211-12, Liquidated Damages and GSAR 552.211-12, Liquidated Damages and the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

III.F. Insurance Requirements maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence

Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved.